Cyber Studios, Inc. supports the free flow of information and ideas over the Internet. Cyber Studios, Inc. does not actively monitor nor does Cyber Studios, Inc. exercise editorial control over the content of any web site, electronic mail transmission, mailing list, news group or other material created or accessible over Cyber Studios, Inc. services. However, Cyber Studios, Inc. reserves the right to remove any materials that, in Cyber Studios, Inc.’s sole discretion, are potentially illegal, may subject Cyber Studios, Inc. to liability, or violate this Acceptable Use Policy (”Policy”). Your violating this Policy may result in the suspension or cancellation of your Cyber Studios, Inc. services. This policy should be read in conjunction with the Cyber Studios, Inc. Website Development Policies/Procedures Agreement.
The following are violations of Cyber Studios, Inc.’s acceptable use policies:
2.1. Using a personal account for high volume or commercial use. If you would like to receive high-volume or commercial services, please contact Cyber Studios, Inc.’s 1-386-243-0825 for information about establishing a commercial account. Activities which are prohibited as high volume include, but are not limited to:
2.1.1. Any mailbox exceeding 30MB may, at Cyber Studios, Inc. ’s discretion, be unable to receive any new messages until the mailbox is brought below 30MB. This includes, but is not limited to the total sum of all webmail folders. (ie. Inbox, Sent, and Deleted items). Additional email space may be purchased by calling 1-386-243-0825
2.1.2. Any mail left on Cyber Studios, Inc. ’s server for more than 30 days may, at Cyber Studios, Inc.’s discretion, be removed unless other arrangements have been made in advance. In addition, Cyber Studios, Inc. may at their discretion purge users Deleted and Sent items from the CMS webmail systems at any time.
2.1.3. Exceeding 10MB of disk space for free Web sites. Any free Web site exceeding 10MB will be suspended until the customer brings the disk space usage under 10MB or less. Or, additional megabytes may be purchased. These prices may be obtained by calling 1-386-243-0825
2.1.4. Exceeding 100MB of traffic in a one month period for free Web sites. Any free Web site exceeding 100MB of traffic will be billed for the excess traffic. Traffic over 100 MB will be charged $.10 per MB
2.2. Using Cyber Studios, Inc. services for illegal purposes or in support of illegal activities. In accordance with Section 5.2.1 of the Internet Access Agreement, Cyber Studios, Inc. reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities which are prohibited as potentially illegal include, but are not limited to:
2.2.1. Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources, and copyrighted software.
2.2.2. Exporting software or technical information in violation of U.S. export control laws.
2.2.3. Posting or emailing of scams such as ‘make-money-fast’ schemes or ‘pyramid/chain’ letters.
2.2.4. Threatening bodily harm or property damage to individuals or groups.
2.2.5. Making fraudulent offers of products, items, or services originating from your account.
2.2.6. Attempting to access the accounts of others, or attempting to penetrate security measures of Cyber Studios, Inc. ’s or other entities’ systems (”hacking”), whether or not the intrusion results in corruption or loss of data.
2.2.7. The unauthorized use of a person’s name or likeness.
2.3. Harassing others by ‘mail-bombing’ or ‘news-bombing’, or other means, including but not limited to “instant messaging” and/or “chat” programs. ‘Mail-bombing’ constitutes sending more than ten (10) similar mail messages to the same email address. ‘News bombing’ constitutes sending more than 10MB of data to a newsgroup.
2.3.1. Sending unsolicited electronic mail (email) messages where the recipient objects to the content of the message or to the receipt of the message in general is also prohibited under this Section.
22.214.171.124. Users acknowledge that they are expressly prohibited from utilizing Cyber Studios, Inc.’s service, Cyber Studios, Inc.’s equipment or any Cyber Studios, Inc.’s email address in connection with the sending of the same or substantially similar unsolicited email message, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of Cyber Studios, Inc.’s service, Cyber Studios, Inc.’s equipment or any Cyber Studios, Inc.’s email address(es).
126.96.36.199. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and /or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s e-mail address accessible to the public shall not constitute a request or invitation to receive messages.
188.8.131.52. User specifically agrees that he/she/it will not utilize the Cyber Studios, Inc. service, Cyber Studios, Inc.’s equipment or any Cyber Studios, Inc. email address in connection with the transmission of the same or substantially similar unsolicited message to 50 or more recipients or 15 or more newsgroups in a single day. Users responsible for these acts may be terminated at Cyber Studios, Inc.’s discretion. For each day upon which this provision is violated, Member agrees to pay Cyber Studios, Inc. $10.00 per day for an unintentional violation of this provision, but where warranted, such as in the case of an accidental transmission, Cyber Studios, Inc. may waive all or part of the applicable charge. In cases of willful violations of this provision, Member agrees to pay Cyber Studios, Inc. $200.00 per day. Cyber Studios, Inc. at its sole discretion shall determine whether such a violation was unintentional or willful. Payment by member under this provision shall not prevent Cyber Studios, Inc. from seeking to obtain other legal remedies against member, including other damages or an injunction.
2.4. Revealing your account password to others or allowing use of your account by others (other than authorized users in your household).
2.4.1 At no time can there be simultaneous use of the same username and password combination.
2.5. Forging any message header, in part or whole, of any electronic transmission, originating or passing through Cyber Studios, Inc. services.
2.6. Distributing viruses to or from Cyber Studios, Inc. systems.
2.7. Use of software or any device that would allow your account to stay logged on while you are not actively using Cyber Studios, Inc. services or use the account for the purpose of operating a server of any type. (See section 3 below)
2.8. Cross-posting advertisements for products, items, or services to ten (10) or more unrelated USENET newsgroups.
2.9. Posting articles to any USENET or other newsgroup, mailing list or similar forum which are off-topic according to the charter or other public statement of the forum.
2.10. Disrupting any newsgroup with frivolous, excessively vulgar, or repetitious postings.
2.11. Posting of binary, or excessively large, unrelated text files to non-binary news groups that have specifically requested such material not be posted in the group’s FAQ (Frequently Asked Questions), charter or other public statement of the forum that such material not be posted.
2.12. Installation of ‘auto-responders’, ‘cancel-bots’ or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt net newsgroups or email use by others.
2.13. Engaging in any of the above activities using the service of another provider but channeling such activities through a Cyber Studios, Inc. account or re-mailer, or using a Cyber Studios, Inc. account as a mail drop for responses.
3. Unlimited Service Member acknowledges that Cyber Studios, Inc.’s Service is intended for periodic, active use of email, user newsgroups, file transfers via FTP, Internet chat, Internet games and browsing the World Wide Web. Member further agrees not to use the service on a standby or inactive basis in order to maintain a connection. Pinging is expressly prohibited. Accordingly, Cyber Studios, Inc. maintains the right to terminate users connection following any extended period or inactivity as determined by Cyber Studios, Inc. .
4. Cyber Studios, Inc. Assumes No Liability Cyber Studios, Inc. has no practical ability to restrict all conduct, communications or content which might violate this Policy prior to its transmission on Cyber Studios, Inc. ’s systems, nor can Cyber Studios, Inc. ensure prompt removal of any such communications or content after transmission or posting. Accordingly, Cyber Studios, Inc. does not assume liability to Users or others for any failure to enforce the terms of this Policy.
5. Revisions to this Policy Cyber Studios, Inc. reserves the right to modify this Policy at any time. Notice of modifications to this Policy may be given to Users by posting such changes to the Cyber Studios, Inc. website (http://cyberstudiosinc.com ), by electronic mail, or by conventional mail. Copyright & Trademark Information
©2009 Cyber Studios Inc.
Trademarks are property of their respective owners.
Cyber Studios, Inc. Use Agreement
Cyber Studios, Inc. provides the Service, defined below in Section 1, subject to your compliance with this Agreement.
1.1 The Service includes: Internet access/use (including, but not limited to the following types: Dialup, DSL, Wireless, Ethernet, Fiber, T1, T3); Electronic mail (”email”) and electronic mail address; associated with Personal or Business Web sites through Cyber Studios, Inc. ’s server (regardless of the number of users/replicated sites per your account must comply with all policies set forth by Cyber Studios, Inc.).
1.2. Any means of identification assigned to you by Cyber Studios, Inc. (including usernames and email addresses) will remain the property of Cyber Studios, Inc. and at Cyber Studios, Inc. ’s sole discretion may be altered or replaced at any time.
1.3. Cyber Studios, Inc. makes no guarantees as to the continuous availability of the service, any specific feature, speed, or throughput of the service. Cyber Studios, Inc. reserves the right to change the Service or any of its features at any time with or without notice.
1.4 Cyber Studios, Inc. reserves the right at Cyber Studios, Inc.’s sole discretion to completely block and/or traffic shape all “P2P” type traffic on our network. This is to ensure the quality and performance of the network for all users.
1.5 Cyber Studios, Inc. makes no guarantees that our services will be compatible with any devices connected to users computers running Microsoft Windows 98 or newer operating systems, and Apple Macintosh Computers running OS 10.x or above. While many other devices may function without problem on our systems, we make no guarantees and offer no technical support for these devices.
1.6 Cyber Studios, Inc. reserves the right to disconnect services to any user that Cyber Studios, Inc. at their sole discretion determines to have an “infected computer”. Such infections may include, but are not limited to: Virus and Spyware infections. User will be encouraged to have their system maintained by a qualified technical service provider. User’s service will not be turned back on, until we have confirmation that their system is 100% virus free.
1.7 Cyber Studios, Inc. reserves the right at our discretion send out service announcements, maintenance announcements, and/or special offers to our current Users either via the email address we have on file and/or via the postal address we have on file.
Cyber Studios, Inc. does not and will not share Personally Identifiable Information with any advertiser. The term “Personally Identifiable Information” or “PII” means any information collected online about a user, such as a first and last name, a physical street address, an e-mail address, a telephone number, or a social security number, that permits the identification of particular persons.
Use of Material: All content downloaded or uploaded using Cyber Studios, Inc.system shall remain the sole responsibility of the User. The User assumes all risks associated with material, including but not limited to, copyright restrictions, trademark restrictions, service mark restrictions, confidentiality limitations, trade secrets, patent restrictions or any other intellectual property tangible or intangible rights associated with the material.
Use of Services: The User is expressly prohibited from reselling any services offered by Cyber Studios, Inc. under this agreement without the prior written consent of Cyber Studios, Inc. User is prohibited from hosting any web site dedicated to the sale or dissemination of pornographic materials and/or containing content of a sexually explicit nature. User understands and agrees that this service may be utilized solely for lawful purposes and the use of this service in connection with or adjunct to any matter or thing which violates and foreign municipal, state, county or federal state or regulation is expressly prohibited. User acknowledges that Cyber Studios, Inc. is a commercial entity. User agrees that its use of the services herein shall not infringe upon the use by other Users of Cyber Studios, Inc. or the system. User is prohibited from sending unsolicited advertising or promotional materials to other Cyber Studios, Inc. Users. Should User violate any provision of this section, Cyber Studios, Inc. at its sole discretion may immediately suspend services to User and terminate this agreement. Cyber Studios, Inc. liability for termination of this Agreement under this provision shall be solely limited to a refund to User of any unearned prepaid service fees. Any per user fees or other fees required may be pro-rated based on required written notice of termination. Cyber Studios, Inc. shall not be liable for any incidental or consequential damages as a result of the termination of the Agreement under this provision.
Abuse of Services: Any use of the Cyber Studios, Inc. system that disrupts the normal use of the system for other Cyber Studios, Inc. Users is considered to be abuse of services. The propagation of computer worms or viruses or the use of the network to make unauthorized entry to other computational, information, or communication devices or resources of others is a violation of this agreement. The use of Cyber Studios, Inc.’s services by User to modify, alter, reverse engineer, decompile disk, or disassemble any proprietary work in whatever form is a violation of this Agreement. The failure of any User running IPX to use an IP tunneling protocol is a violation of this Agreement. The broadcast of Routing Internet Protocol (RIP) by User is a violation of this Agreement. Any User deemed by Cyber Studios, Inc to be in violation of this section is subject to immediate termination by Cyber Studios, Inc. Termination under this section shall have no liability other then to refund any unearned prepaid service fees including direct, indirect, Incidental or consequential damages.
Indemnification/Release: User, its agent, successor and/or assigns expressly agrees to indemnify and release Cyber Studios, Inc., its affiliates, subcontractors, employees, agents, assigns or successors from any liability for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise related to User’s installation of, use of, or termination of CMSI’ services hereunder including but not limited to, User’s access to content uploaded or down loaded using Cyber Studios, Inc.’s services from any source or to any recipient. User further releases Cyber Studios, Inc. from any responsibility or liability related to the accuracy, quality for confidentiality of any information available by or through Cyber Studios, Inc. systems. User’s release of Cyber Studios, Inc. includes any actions or inaction by Cyber Studios, Inc., which amount to negligence. User further agrees to indemnify and hold harmless Cyber Studios, Inc. from and against any and all claims actions causes of action, losses or damages including attorney’s fees which in any way arise from User’s installation of, use of, termination of Cyber Studios, Inc. services herein.
Disclaimer: Cyber Studios, Inc. assumes no responsibility for the content contained on the Internet or otherwise available through / from any source accessible via Cyber Studios, Inc.‘s services. Cyber Studios, Inc. discloses and User acknowledges that there may be content on the Internet or otherwise available through the services provided by Cyber Studios, Inc. which may be offensive to some individuals, which may not be in compliance with local, state or federal laws, rules or regulations, including but not limited to pornographic, or otherwise inappropriate or sexually explicit or offensive content. User acknowledges to Cyber Studios, Inc that its use of Cyber Studios, Inc.’s services to access information, content or other services is at its own risk.
Governing Law and Venue: The laws of the State of Florida shall govern the terms of this Agreement. The parties hereto stipulate and agree that the exclusive venue for the resolution of all disputes concerning this Agreement shall be Alachua County, Florida.
Arbitration & Attorneys Fees: The User and Cyber Studios, Inc. agree that any controversy or claim between them arising out of or relating to this Agreement shall be settled exclusively by arbitration. Such arbitration shall be conducted in accordance with the commercial arbitration rules then in force of the American Arbitration Association. The arbitration award shall be final and binding on both parties. Judgment upon such arbitration award may be entered in any court having jurisdiction. User and Cyber Studios, Inc. agree that should either party bring action for enforcement, interpretation or otherwise under this Agreement the prevailing party in such action shall be entitled to its attorney’s fees and costs including those incurred in any appeal.
Entire Agreement: This User Agreement constitutes the entire User Agreement between the parties and no other representations or statements will be binding upon the parties regarding Use. Specific and separate agreements may exist for programming, customized or configured programs by Cyber Studios, Inc. and are not a part of this “USE AGREEMENT”.
If any part of this Use Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Agreement shall remain in full force and effect.
2. Registration Requirements.
2.1. Member certifies to Cyber Studios, Inc. that he/she is not a minor. By accepting this Agreement, you represent that you meet this age requirement. Minors who use the Service are assumed to have parental or guardian consent to do so.
2.2. You agree to provide Cyber Studios, Inc. with accurate and complete billing information including your legal name, address, and telephone number. All changes to this information must be reported to Cyber Studios, Inc. within 30 days of the change.
2.3. By accepting this Agreement, you agree that you are responsible for all charges posted to your account until you cancel the account as specified in Section 11.
3.1. Setup fees/ user fees/ are nonrefundable, and Cyber Studios, Inc. does not issue pro rata refunds for any fees paid in advance.
3.2. Fees for Cyber Studios, Inc. services may be obtained by calling 1-386-243-0825 Cyber Studios, Inc. reserves the right to change prices and institute new fees. Cyber Studios, Inc. may change rates or institute new charges at any time upon 30 days prior notice. Cyber Studios, Inc. does not issue pro rata fee refunds.
3.3 A service charge, up to the maximum allowed by the state you reside in, will be assessed to your account for each check or draft that is returned to Cyber Studios, Inc. for insufficient funds.
3.4. Payments for all charges are due within 30 days of the month in which the charges are incurred. If your account is delinquent, your account may be suspended or canceled at Cyber Studios, Inc. ’s sole discretion. If your account incurs charges which are denied by your financial institution, Cyber Studios, Inc. reserves the right to re-bill for those charges, regardless of your account status. If your account is suspended, regular charges continue to accrue until you cancel your account. Cyber Studios, Inc. may, at its sole discretion, charge a fee to reinstate a suspended account.
3.5. Interest charges of 1% per month (or the highest rate permitted by law if lower than 1% per month) will accrue daily on any unpaid balance which is more than 30 days old.
3.6. You agree to pay all sales and use taxes, duties, or levies which are required by law as well as all attorney and collection fees arising from efforts to collect any unpaid balance on your account.
3.7. If you believe that Cyber Studios, Inc. has billed you in error, you must contact the Cyber Studios, Inc. office (per Section 11) within 60 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges which are more than 60 days old.
4. Use of the Service.
4.1. You and any users of your household/business are the only individuals who are authorized to access the Service through your Cyber Studios, Inc. account. You must not permit anyone else to access the Service through your account and must ensure that all authorized users of your account comply with this Agreement.
4.2 You are responsible for maintaining the confidentiality of passwords used by you or users of your household/business.
4.3. You are responsible for all charges assessed as a result of use of your account. However, Cyber Studios, Inc. will not hold you responsible for charges attributable to an unauthorized users access to your account without your permission, provided that you notify Cyber Studios, Inc. within 24 hours of discovering any such unauthorized use and the unauthorized use is not attributable to the failure of any authorized user to exercise reasonable efforts to maintain the confidentiality of the account or password.
4.4. You are responsible for providing and maintaining all equipment and other software necessary to access the use of services/program online through Cyber Studios, Inc.
4.5. You will not use the Service or permit others to use the Service through your account in any way that violates any law or regulation; subjects Cyber Studios, Inc. to liability; or is in contravention of Cyber Studios, Inc. ’s Acceptable Use Policy. You agree to comply with all Cyber Studios, Inc. security procedures and standards and to be bound by the terms and conditions of the Agreement for any services provided to you.
5. Monitoring the Service; Disclosure of Member Information. Cyber Studios, Inc. has no obligation to monitor the Service but may do so and may disclose information regarding your use of the Service to satisfy laws, regulations or governmental requests; to operate the Service properly; and, to protect itself and its users. However, Cyber Studios, Inc. will not disclose member information to outside persons or entities for the purpose of soliciting Cyber Studios, Inc. users. Cyber Studios, Inc. , IN ITS SOLE DISCRETION, MAY REMOVE OR REFUSE TO POST ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, WHICH ARE UNACCEPTABLE, UNDESIRABLE OR IN VIOLATION OF THIS AGREEMENT.
6. No Warranties are expressed, implied, or provided by Cyber Studios, Inc. .
6.1. Except for certain products and services specifically identified as being offered by Cyber Studios, Inc. , Cyber Studios, Inc. does not control any information, products or services on the Internet and except for such Cyber Studios, Inc. -identified content, all merchandise, information and services offered, made available, or accessible on the Internet are by third parties who are not affiliated with Cyber Studios, Inc. .
6.2. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET BY YOU AND YOUR AUTHORIZED USERS. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cyber Studios, Inc. DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE VIA THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. Cyber Studios, Inc. MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH Cyber Studios, Inc. OR ON THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY Cyber Studios, Inc. , ITS EMPLOYEES, AFFILIATES OR CONTRACTORS SHALL CREATE A WARRANTY.
6.3 Cyber Studios, Inc. SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SERVICE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
6.4. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU OR OTHERS ACCESSING THE SERVICE THROUGH YOUR ACCOUNT. YOU ACCESS SUCH MATERIALS AND PERMIT OTHERS TO ACCESS SUCH MATERIALS THROUGH YOUR ACCOUNT AT YOUR OWN RISK. Cyber Studios, Inc. HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS.
7. Your Remedies.
7.1. If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by canceling your account by one of the methods outlined in Section 11.
7.2. UNDER NO CIRCUMSTANCES SHALL Cyber Studios, Inc. , ITS EMPLOYEES, AFFILIATES OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM ANY: USE OF YOUR ACCOUNT OR THE SERVICE OR YOUR INABILITY TO USE THE SERVICE; ACCESS OF THE INTERNET OR ANY PART THEREOF; OR, YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.
8. Indemnity. You agree to defend, indemnify, and hold Cyber Studios, Inc. and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or arising from: any violation of this Agreement by you or those who access the Service through your account; AND, the use of the Service or the Internet and the placement or transmission of any message, information, software, or other materials on the Internet by you or by those who have access to the Service through your account.
9. Term of Agreement. This Agreement is effective from your acceptance thereof, which is indicated upon establishment of your account. If you are a current Cyber Studios, Inc. member when this Agreement is activated, your continued use of the Service constitutes your acceptance of this Agreement.
10. Termination of Agreement.
10.1. You may terminate this Agreement by using only the methods outlined in Section 11. Your termination will only be complete upon your receipt of a confirmation number from Cyber Studios, Inc. . You will receive verbal confirmation if you cancel by telephone, and a written reply through U.S. mail if you cancel by mail or web form. EMAIL CANCELLATIONS WILL NOT BE ACCEPTED. Charges to your account will stop accruing the day you receive your confirmation number. Cyber Studios, Inc. does not issue pro rata fee refunds.
10.2. Cyber Studios, Inc. may terminate this Agreement: at any time without cause upon 30 days prior notice; or, immediately if you or any person who has access to the Service through your account, commit a material breach of this Agreement, including but not limited to a breach of any obligation imposed under Section 4 or you fail to pay any charges within 30 days of the date they accrue.
10.3. Upon termination of this Agreement all rights granted to you and your authorized users under this Agreement shall immediately cease and terminate; and, you must destroy or return to Cyber Studios, Inc. all copies of programs and documentation that you received from Cyber Studios, Inc. .
10.4. Termination of this Agreement does not release you from the obligation to pay all accrued charges under this Agreement.
10.5. Cyber Studios, Inc. ’s right to enforce the provisions of Sections 3, 5, 6, 7, 8, 11, and 12 shall survive termination of this Agreement.
11.1. You may change or cancel your Cyber Studios, Inc. account by the following methods only: first-class registered or certified mail, return receipt requested addressed to Cyber Studios, Inc. , at 99 NW 1st Avenue, High Springs, FL 32643 ; or telephone calls (which may be recorded) at 1-386-243-0825.
11.2. Cyber Studios, Inc. may provide notice to you by the following methods: Electronic mail (email) addressed to your email account; general posting to Cyber Studios, Inc.’s web site at http://cyberstudiosinc.com or by US Mail or courier service at the address you provided Cyber Studios, Inc. All notices or other communications to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or posting or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.
12.1. Cyber Studios, Inc. ’s failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.
12.2. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflicts of law provisions. You consent to the personal jurisdiction of the federal and state courts having jurisdiction for Alachua County, Florida with respect to all disputes arising out of this Agreement, your use of the Service or otherwise between you and Cyber Studios, Inc. . Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
12.3. Any action at law, suit in equity, or other judicial proceeding concerning, relating to, arising from, or touching upon in any way, no matter how remotely, the contract for services between you and Cyber Studios, Inc. and/or your use of and/or Cyber Studios, Inc. ’s provision of systems and services there under, shall be brought and litigated, if at all, only in the state court system of the State of Florida. In such event, you acknowledge the right of the specified court to assert personal jurisdiction in any such action over you and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist.
12.4. Neither this Agreement, nor any of your rights or obligations arising hereunder, shall be transferable by you to any third party without Cyber Studios, Inc. ’s prior written consent.
12.5. This Agreement, and the Acceptable Use Policy, constitutes the entire agreement between you and Cyber Studios, Inc. with respect to the Service.
12.6. Refund Policy Please, look at all aspects of the program you are interested in. We value customer satisfaction and will be happy to answer all the questions regarding software that you have.
BY PURCHASING OR USING THE osMLM PRODUCT, YOU ACKNOWLEDGE AND AGREE THAT THERE SHALL BE ABSOLUTELY NO REFUNDS FOR ANY REASON WHATSOEVER, INCLUDING FAILURE UNDERSTAND THE PROGRAM, A CHANGE IN MARKET CONDITIONS, A CHANGE IN BUSINESS OR WEB SITE STRATEGY, A CLAIM THAT THE PRODUCT DOES NOT SUIT YOUR NEEDS OR IS NOT WHAT YOU EXPECTED, THE UNAVAILABILITY OF CUSTOMIZATIONS TO THE SOFTWARE PRODUCT WITHOUT ADDITIONAL COSTS, OR FOR ANY OTHER REASON. BY PURCHASING OR USING THE osMLM PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE EXERCISED DUE DILIGENCE IN ASCERTAINING THAT THE PRODUCT WILL MEET YOUR NEEDS.
12.7. Cyber Studios, Inc. reserves the right to alter, amend or modify this Agreement at any time.