This legally binding agreement (this “Agreement”), between Wisconsin CyberLynk Network, Inc. (“CyberLynk”) and Customer governs provision of CyberLynk’s service (the “Service”). This Agreement is effective as of the moment Customer (a) indicates assent through the CyberLynk Website or (b) indicates assent through a CyberLynk branded website or (c) establishes an account with CyberLynk or uses the Service or any element thereof. CyberLynk, in its sole and absolute discretion, may change or modify this Agreement and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site or Branded Site. You acknowledge and agree that (i) CyberLynk may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site.
1.) Account and Personal Email
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with CyberLynk, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. CyberLynk is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should log into our secure client portal via https://secure.cyberlynk.net. Providing false contact information of any kind may result in the termination of your account. In certain circumstances, such as a dedicated server rental, colocation arrangement or high risk transactions as determined by CyberLynk, it may be necessary to provide government issued identification and/or a scan of the credit card used at the time of purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
The credit card holder or owner of the PayPal e-mail address which is utilized for payment on the account is designated as the authorized owner of the account.
Our transfers team will make every reasonable effort to help you move your site to us. However, transfers are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.
Dedicated IP Address Allocation
Requests for additional IP addresses will require proper justification. Justification requirements are subject to change to remain in conformity with policies of American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification, current IP utilization, or for any other reason.
Third Party Providers
All transactions with third party providers are solely between the visitor and the individual provider. CyberLynk is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing.
We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.
2.) Invoicing and Payment Information
You agree to supply appropriate payment for the services received from CyberLynk, in advance of the time period during which such services are provided. You agree that until and unless you notify CyberLynk of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be done via our secure client portal https://secure.cyberlynk.net or by sending an email to email@example.com. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. An employee will confirm your request (and process your cancellation) shortly thereafter. We require that cancellations of service are done through the secure client portal billing email address to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
As a client of CyberLynk, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify CyberLynk of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by CyberLynk. CyberLynk reserves the right to bill your credit card or billing information on file with us. CyberLynk provides a 7 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 7 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. The $10 late fee is applied in addition to whatever else is owed to CyberLynk for services rendered. Access to the account will not be restored until payment has been received.
It is the customer’s responsibility to notify our billing team via email at firstname.lastname@example.org after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and CyberLynk cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal.
Subsequently, domain renewals are billed and renewed at least 30 days before the renew date. It is the customer’s responsibility to notify our billing team via our secure client portal https://secure.cyberlynk.net or by sending an email to email@example.com for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations and renewals are final.
CyberLynk reserves the right to change the monthly payment amount and any other charges at anytime
Payment via Credit Card
CyberLynk accepts payments via MasterCard, VISA, AMEX, and Discover. Usage of a credit card indicates authorization to cover all future recurring charges and additional fees with the credit card on file. Credit cards will be charged on the renewal date for the account. Accounts will renew automatically on the 1st of month following billing cycle the customer has selected unless proper cancellation notice is submitted to our billing department. CyberLynk also reserves the right to charge the past due amounts to the credit card provided by you that is on file for your account.
Payment via PayPal
CyberLynk accepts PayPal payments but does not accept PayPal subscriptions.
Payment via Check and Wire Transfer
CyberLynk accepts personal check, company check and wire transfer. All funds must be payable in US dollars. CyberLynk does not accept international checks in foreign currencies. Payment for services by check must be received prior to renewal dates to avoid interruption of service. Check payments are not available for every service offering. If you would like to pay by check please contact firstname.lastname@example.org for more information. Wire transfer information available upon request.
Returned Check & Chargeback Fee’s
In the event that a check is returned, service will be immediately suspended and customer will be sent a suspension e-mail allowing seven (7) days to rectify the situation. If within the seven (7) days the customer fails to pay all service fees, including a $25.00 reactivation fee and a $25.00 returned check fee, customer’s account will be permanently cancelled. Such cancellation does not relieve client’s obligation for payment under the terms of the hosting agreement. Cancellation includes the removal of all files on the account. In the event of a charge back, CyberLynk will immediately suspend all services to client until such time as full payment is received in addition to a $25.00 charge back fee and a $25.00 account restoration fee.
Late / Non-Payment
Accounts with Non-Usable Credit Cards
Credit cards on file are not usable when any of the following occur:
- The card expired
- The bank declines the charges
- The card is reported lost or stolen
- The card is declared invalid
- You will receive an invoice 7 days prior to your renewal.
- After 7 days pass you will receive a reminder email regarding the outstanding balance.
- On the 10th day, you will receive a suspension notice with the date your account will be suspended.
- If your balance has not been brought to zero, the account will be suspended (a $25 reactivation fee will apply).
- If payment has still not been made, we will leave the service in its spot offline for 1 week. If we have not heard back from you or receive payment, your service will be taken offline.
- ALL FILES WILL BE DELETED FROM OUR SYSTEMS.
You agree to pay all collection costs and reasonable fees including attorneys’ fees, incurred in the collection of any amount past due.
Invoices and Statements
All invoices are sent via e-mail. There is no charge for this service.
Postal Mail/Fax Invoicing
Customer may request CyberLynk to send an invoice or statement via postal mail or fax. CyberLynk will charge customer $5.00 per invoice/statement sent via this manner.
3.) Cancellations and Refunds
CyberLynk reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and CyberLynk is not responsible for any change in exchange rates between time of payment and time of refund.
Customers may cancel at any time via our secure client portal https://secure.cyberlynk.net or by sending an email to email@example.com.. CyberLynk gives you an unconditional 30 day money back guarantee on shared hosting and reseller hosting solutions for any customer who paid the first invoice with a credit card or with PayPal.
Cancellations requested after the initial 30 days for Shared and Reseller accounts will go into effect on the renewal date for that particular hosting package. Unless specifically requested, the account will remain active until the period expires. If the account is eligible, any request for a refund outside of the initial 30 day period will be given on a prorated basis with any previous extended term discount withheld. Refunds are to be determined once the account has been canceled. Payments older than 60 days may require a refund via PayPal or mailed check due to our merchant account policies and procedures.
The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
- Bank Wire Transfers
There are no refunds on domain names, dedicated servers, administrative fees, and install fees for custom software.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy.
4.) Service Guarantee
Money back Guarantee
On dedicated servers and colocation no full refund will be honored — the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.
Each of CyberLynk’s shared, VPS, and reseller hosting services carry a 30 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases.
CyberLynk will not activate new orders or activate new packages for customers who have an outstanding balance with CyberLynk. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by CyberLynk in writing. For customers where CyberLynk has written off a balance in the 3 years due to non-payment CyberLynk will require the customer to pay that amount in addition to the balance for new services before the new order will be setup and provisioned.
If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive a credit to your account. Approval of the credit is at the discretion of CyberLynk dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the IIS/Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact sales@CyberLynk.net with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions and FTP hosting. All claims will be researched by CyberLynk and we will have the final say in what constitutes a breach in our Service Level Agreement. Customer has up to 3 days after suspected downtime to submit a claim. Credits will be issued within 10 business days from the receipt of a claim according to the following credit scale:
- 99.9% uptime and above – No credit
- 99.8% uptime – 10% credit
- 99.7% uptime – 20% credit
- 99.6% uptime – 30% credit
- 99.5% uptime – 40% credit
- 99.4% uptime – 50% credit
- 99.3% uptime – 60% credit
- 99.2% uptime – 70% credit
- 99.1% uptime – 80% credit
- 99.0% uptime – 90% credit
- Less than 99% uptime – full month credit
5.) Reseller: Client Responsibility
Resellers are responsible for supporting their clients. CyberLynk does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. CyberLynk will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.
6.) Price Change
The amount you pay for hosting will never increase from the date of purchase unless you are required to upgrade due to resource usage. We reserve the right to change prices listed on CyberLynk.net or one of Family of Technology brand websites, and the right to increase the amount of resources given to plans at any time. Customer package pricing will never increase due to price changes unless customer terminates service and signs up for new service.
Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.
By using any CyberLynk services, you agree to submit to binding arbitration. If any disputes or claims arise against CyberLynk or its subsidiaries, such disputes will be handled by an arbitrator of CyberLynk’s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Wisconsin. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
9.) Disclaimers and Warranties
(a) THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CYBERLYNK DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. CYBERLYNK MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE PROVIDED BY CYBERLYNK OR ANY OF ITS REPRESENTATIVES WILL CREATE A WARRANTY.
(b) CYBERLYNK WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES, EVEN IF CYBERLYNK WAS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. CYBERLYNK ’S MAXIMUM LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF FEES BILLED TO CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
(c) CYBERLYNK WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: (i) OTHER CYBERLYNK CUSTOMERS OR THIRD PARTIES ACCESSING CUSTOMER’S DATA OR ASSIGNED COMPUTERS; (ii) SECURITY BREACHES; (iii) EAVESDROPPING; (iv) DENIAL OF SERVICE ATTACKS; (v) INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE EQUIPMENT OR SERVICE; (vi) CUSTOMER’S RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICE; (vii) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR OTHER FAILURES OF PERFORMANCE OF THE EQUIPMENT OR SERVICE; (viii) THE ACCURACY, COMPLETENESS, AND USEFULNESS OF THE SERVICE; OR (ix) LOSS OF DATA OR LOSS OF ACCESS TO DATA.
(d) CYBERLYNK ’S LIMITATIONS AND EXCLUSIONS OF LIABILITY SET FORTH IN THIS SECTION AND IN THIS AGREEMENT APPLY EQUALLY TO CYBERLYNK ’S OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, SUPPLIERS, SUBSIDIARIES, PARENTS, AND AFFILIATED COMPANIES.
10.) Third Party Claims & Indemnity
(a) Promptly after CYBERLYNK’s request, Customer will notify any third party, in writing, that CYBERLYNK is not responsible for (i) any content or materials posted on any Customer hosting service or otherwise disseminated through Customer’s use of the Service or (ii) any use or abuse of the Service whatsoever by Customer or any third party.
(b) Customer will defend and indemnify CYBERLYNK (including its officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies) from any third party claim arising out of or related to: (i) alleged Customer conduct that would breach this Agreement, including without limitation alleged infringement of third party intellectual property or privacy rights; (ii) Customer’s use, misuse, or failure to use the Service; and (iii) any action taken by CYBERLYNK as part of an investigation into a suspected violation of this Agreement or as a result of its conclusion that a violation has occurred. Such Customer obligation includes payment of losses, expenses, damages, and costs, including without limitation attorneys’ fees.
11.) Disclosure to law enforcement
CyberLynk may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
12.) Changes to the TOS
CyberLynk reserves the right to revise its policies at any time without notice.
13.) CyberLynk Brand and Family of Technology Addendum’s
Shared (non-reseller accounts) / VPS Servers
Shared accounts may not resell web hosting to other people. If you wish to resell hosting you must use a reseller account. VPS and Unmanaged servers are not backed up. You must maintain your own backups.
Backups and Data Loss
Your use of this service is at your sole risk. Our backup service runs multiple times per day and normally only one week of backups are kept. This service is provided to you as a courtesy. CyberLynk is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on CyberLynk servers.
CyberLynk reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. CyberLynk reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution or order an backup add-on service. Please contact sales@CyberLynk.net if you wish to obtain a secondary hard drive or backup add-on service. It is your responsibility to maintain backups.
Our service can be divided into two tiers. In our “Core” package we allow customers to transfer up to 500GB of data in a month and hold a sustained transfer speed of 15Mbps. This package is burstable to higher speeds for short moments. Our “Enterprise” package is advertised as Unlimited. The limiting factors are the connection on the other end of the transfer and the Mac mini itself. What we mean by Unlimited is that we will not cap your port speed or charge overages fees.
Mac mini units purchased from Mac Mini Vault will not be shipped to customers within the first 90 days from the date when the Mac mini has been paid in full. If a cancellation comes in during the first 90 days, the unit will be held and shipped back after the 90 days has passed.
Backups and Data Loss
Your use of this service is at your sole risk. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on your Mac mini.
Backups and Data Loss
Your use of this service is at your sole risk. Our backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. CyberLynk is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on CyberLynk servers.