Hosting Terms of Service
(Applicable to all Hosting Services)
Refer to General Terms of Service for additional Terms of Service applicable to this service, by agreeing to this TOS you also agree to the General TOS
The use of services from Michael Pope d/b/a Cyclone Software Solutions, herein referred to as "Cyclone" constitutes acceptance and agreement to these terms, and all other policies and notices posted at the publicly viable world wide web address of http://www.cycloness.com/legal. These notices, terms and polices are herein referred to as "Polices". All clients are subject to the Policies.
Accounts will only be setup after receipt of payment for first term of service, and that payment has been screen and verified as non-fraudulent. Accounts are setup in the order in which payment is received. Cyclone may request government issued identification or scans of other documents including credit card used to order services. If you fail to meet any requirements, the order may be cancelled without notice, comment or explanation. Order Placement or acceptance of electronic payment does not indicate order acceptance, once your order is screened and process you will received a Welcome Letter, this will be your official receipt and confirmation of order acceptance.
Where possible Cyclone, at the client's request, will provide assistance with transferring data from a previous provider to our servers. This is done as a courtesy service on a case by case basis. Cyclone does not guarantee the transfer process, each provider may use different software and/or other variables that could prevent or complicate a successful transfer of data. We will provide free transfer assistance at our sole discretion, and will advise your if free transfer assistance is not possible and at what ra, if any, transfer assistance can be provided.
Cyclone, and its service providers, maintain and control ownership of all Internet Protocol address' used by our clients. If we assign a client an Internet Protocol address for the clients use the client shall have no right to use that Internet Protocol address except as permitted by us at our sold discretion. We reserve the right to change or remove any and all Internet Protocol numbers and addresses at our sole and absolute discretion.
All accounts are for the sole use of the signing client, and that clients business. No client is may resell any hosting services. Clients are allotted a certain amount of disk space, this disk space is for the storage of data only related to the services offered under the hosting plan, client may not use Cyclone storage place to store other data, backups, archive files of any kind. Files must be publicly accessible or linked to a service (i.e. database files, or emails). Cyclone reserves the right to audit servers to ensure a safe and secure network, Cyclone reserves the right to change any password in order to perform said audits.
You are responsible for all content under your hosting account. Any material, in Cyclone's sole judgment, that is obscene, threatening, or in violation of any state, local or federal law will be removed from our service with out notice. At Cyclone sole judgment any account found to have material that is obscene, threatening, or in violation of any state, local or federal law may be terminated and all data associated with that account purged from our systems.
We do not allow any content that many be construed as offensive or illegal, including but not limited to pirated software, bit torrents, IRC servers or clients, proxies, hacker programs, archives or content, copyrighted music/video/image files that you do not own the copyright to, trade secrets or other documents that do not belong to you
Any account perceived to contain child pornography or linking to child pornography will be terminated and permanently purged from the Cyclone System with out notice to the client and will be reported to the proper authorities. Further the client will be permanently banned from all services offered by Cyclone. Cyclone reserves the right to refuse service to anyone at anytime for any reason including placing or linking to child pornography from our services.
You may not use any Cyclone Services, including email, web pages, or upload function, to transmit any threats or anything that encourages bullying,bodily harm, destruction of property. Use of Cyclone Services to engage in such activity will result in immediate and permanent termination of your account(s)
Attacks & Exploits
Any activity which affects the ability of other people or systems to use any services or other Internet services. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the client's responsibility to ensure that their server is configured in a secure manner. A client may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. We will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems.
Commercial Advertising AKA SPAM
We have a ZERO tolerance spam policy. Sending unsolicited email from any of our services or using a email address maintained on our service is strictly prohibited and will result in account termination.
Web Sites advertised via SPAM in any form, including but not limited to spam via fax, email, instant message, usenet, facebook, twitter, etc, is strictly prohibited
Any account which results in our IP space being blacklisted will be immediately terminated. We will be the sole arbiter as to what constitutes a violation of this provision. Additionally claims investigated by us about spam from any of our users or users of theirs, will be billed for such work. The clean up fee for such an instance will be determined by Cyclone and usually no less than $750 per incident.
You are responsible for the security of your account. You must take state to safeguard any user name and passwords given to you by Cyclone. You must ensure others do not gain unauthorized access to your account. You may not use your account to breach any other account. Sharing passwords is strictly prohibited. Violations of system or network security may incur criminal and civil liability.
Cyclone Shared Servers are designed for small business with average small business traffic loads. Clients will not use more than 30% of a systems resource for longer than 1 minute or more than 150,000 inodes on any single account. Every file on a server is 1 inode. Clients reaching or exceeding this limit will be contacted so we can evaluate their needs and if necessary make other arrangements. Cyclone is the sole arbiter as to what constitutes a violation of this provision.
You may not use Cyclone Servers for file storage for other account, backups of any kind, or files larger 150MB in size.
You may not use Cyclone Servers to send more than 500 Emails per hour
Cyclone reserves the right to suspend any account that exceeds its bandwidth allotment. If your plain includes "unlimited" bandwidth you must not use more than 50% of the total servers bandwidth for that month. If your bandwidth usage is deems excessive you may be asked to upgrade your plan to accommodate the increase in usage.
Data Loss and BackupClient use Cyclone's Services at their own risk. We do not guarantee availability of any service or warranty any data from loss. Our online control panel create instant backups that the client can use to back up data at any time. Cyclone is not responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups. We highly encourage all clients to back up their own data if your site and data is critical to your business or livelihood
Last Modified 6/26/2011