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cyberMIND's Dedicated Server Agreement

1. Service
The Service includes: Dedicated Server access (via one of cyberMIND's Dedicated Server Plans); electronic mail ("email"), Domain Name Service and Internet connectivity. Your usernames and email addresses are our property and we may alter or replace them at any time.

2. Registration Requirements
You must be at least 18 years old to register for our Service.

You must provide us with accurate and complete billing information including your legal name, address, telephone, number and credit card information. You must report to us all changes to this information within 30 days of the change.

You are responsible for all charges to your account until you terminate your account pursuant to Section 9.

3. Fees
Fees paid are nonrefundable.

Current prices for cyberMIND's Server Co-Location Service are posted on our Rate Chart at http://www.cybermind-usa.net/policies/policies/Dedicated ServerInfo.pdf. They may also be obtained by calling (877) 373-6680. We reserve the right to change prices and institute new fees at any time upon 30 days prior notice which may be given by updating our online rate chart.

A $15.00 service charge will be assessed to your account for each bounced check.

Payments are due within 10 days after the month in which the charges are incurred. If your account is delinquent, it may be suspended or canceled at our sole discretion. If you suspend your account, regular charges continue to accrue until you cancel your account. If your account is disconnected due to delinquent payments we may charge a $50.00 disconnection fee. We may charge $50.00 to reinstate a suspended account.

Interest charges of 5% per month will accrue daily, with a minimum finace charge of $2.00 on any unpaid balance which is more than 30 days old.

You are responsible for all taxes, duties, and levies and all of our attorney and collection fees arising from our efforts to collect any unpaid balance.

If you have questions about any charge, you must contact our Customer Service Department at (877) 373-6680 within 60 days after the invoice or transaction date of the charge. Adjustments will not be made for charges more than 60 days old.

4. Use of the Service
You agree to abide by the terms of cyberMIND's then current Acceptable Use Policy. The terms of cyberMIND's then current Acceptable Use Policy is expressly incorporated into and made a part of this Internet Access Agreement. You and members of your household or of your business are the only authorized users of your cyberMIND account. No one else may access the Service through your account. You must ensure that all users of your account comply with this Agreement. You are responsible for maintaining the confidentiality of your passwords and you must notify us within 24 hours of discovering any unauthorized use of your account.

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 cyberMIND to liability, or violates our Acceptable Use Policy including but not limited to, publishing, posting, distributing, or disseminating any defamatory, obscene, libelous, slanderous, or other unlawful material or information. You agree to comply with all cyberMIND security procedures and standards and to be bound by the terms and conditions of the Software License Agreement for any software provided to you.

5. Monitoring the Service
cyberMIND has no obligation to monitor the Service but may do so and may disclose information regarding your use of the Service for any reason if in the sole discretion of cyberMIND we believe that it is reasonable to do so, including to: satisfy laws, regulations, or governmental requests; operate the Service properly; or protect itself and its subscribers. cyberMIND, in its sole and absolute discretion, may remove or refuse to post any information or materials, in whole or in part.

We agree to abide by the terms of the then current Privacy Policy.

6. No Warranties
Except for certain products and services specifically identified as being offered by cyberMIND, cyberMIND does not control any information, products, or services on the Internet.

You assume full responsibility and risk for use of the Service and the Internet. The service is provided on an "as is" and "as available" basis. cyberMIND 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, or other harmful components. cyberMIND 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 cyberMIND or on the Internet generally. No advice or information given by cyberMIND or its representatives shall create a warranty.

cyberMIND is not liable for any costs or damages arising directly or indirectly from use of the Service. You are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information, and the quality and merchantability of all merchandise provided through the Service or on the Internet.

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. cyberMIND has no control over and accepts no responsibility for such materials.

7. Your Remedies
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 by one of the methods outlined in Section 9 and discontinue using the Service.

Our cumulative liability to you for any and all claims relating to the Service shall not exceed the total amount of the Service fees you have paid to us within the prior year. UNDER NO CIRCUMSTANCES ARE WE OR OUR EMPLOYEES, AFFILIATES, OR CONTRACTORS LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM ANY USE OF YOUR ACCOUNT OR THE SERVICE.

8. Term of Agreement
This Agreement is effective when you click the "Buy Now" button at the end of the online order process or when you first use the Service, whichever is first. If you are a current cyberMIND member when this Agreement is activated, your continued use of the Service means you accept this Agreement.

9. Termination of Agreement
You may terminate your cyberMIND account and this Agreement by the following methods only: first-class registered or certified mail, return receipt requested addressed to cyberMIND, Accounts Customer Service, 259 East Michigan Avenue, Suite 107, Kalamazooo, Michigan 49007; or telephone calls directed to Accounts Customer Service at (877) 373-6680. Email cancellations will not be accepted. Your termination will only be complete upon your receipt of a confirmation number from cyberMIND. 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.
cyberMIND may terminate this Agreement if you, or any person who has access to the Service through your account, breach this Agreement, or if you fail to pay any charges when due.

Any incoming email sent to canceled accounts will not be bounced back or forwarded to another account. If your account included space on cyberMIND's servers, anything stored on this space will be deleted upon termination.

Sections 3, 7, and 10 shall survive termination of this Agreement.

cyberMIND may provide notice to you by: email addressed to your email account or by U.S. Mail or courier service registered for the service. All notices to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.

10. Miscellaneous
10.1. All disputes relating to this Agreement or the Service shall be resolved by arbitration conducted in Kalamazoo, Michigan in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), and judgment upon the award rendered by the arbitrator may be entered in any federal or state court having jurisdiction in Michigan; provided however, that any party seeking only equitable remedies may seek such remedies in the federal or state courts having jurisdiction over Kalamazoo, Michigan. You consent to the personal jurisdiction of the federal and state courts and AAA office having jurisdiction over Kalamazoo, Michigan with respect to all disputes arising out of this Agreement, your use of the Service or otherwise between you and cyberMIND, and waive your rights to removal or consent to removal.
10.2. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan without regard to its conflicts of law provisions. Our failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.
10.3. Neither this Agreement, nor any of your rights or obligations arising hereunder, shall be transferable by you to any third party without our prior written consent.
10.4. This Agreement, the Rate Chart, the Acceptable Use Policy, the End-User License Agreement and our other user policies and agreements constitute the entire agreement between you and us with respect to the Service.
10.5. No amendment or modification to this Internet Access Agreement, or of the cyberMIND Acceptable Use Policy, by you shall be valid or binding on us unless we agree to it in writing. We reserve the right to amend, alter, or modify this Internet Access Agreement, or the cyberMIND Acceptable Use Policy, at any time and in any manner. Any amendment, alteration, or modification is effective thirty (30) days after posting on cyberMIND's Web site (www.cybermind-usa.net).