The following notices make up all Legal Terms and Conditions, Acceptable Use Policies, Privacy Policies and other Legal Disclaimers for all of our products and services. You must read, understand and agree to these notices prior to signing up with service from Cyclone Software Solutions.
(Applicable to all Services)
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.
All Services offered by Cyclone may only be used for lawful purposes as defined by the United States of America, the State of Georgia, the State of Texas, and the State of Indiana. Client agrees to hold harmless and indemnify Cyclone from any claims resulting from the use of services provided by Cyclone.
The use of services to infringe upon any copyright or trademark is prohibited including but not limited to unauthorized distribution of music, books, photographs, movies, games, or any other copyrighted works. Clients found to be in violation this provision will have their accounts removed and access disabled. If you feel your your copyright or trademark is being infringed upon please email at DMCA take down notice to firstname.lastname@example.org
For accuracy of billing and contact it is the Clients responsibility to ensure their contact and billing information is kept up to date in our Client Center located at http://clients.cycloness.com. If there are any issues with the services Cyclone provides to you this is the information we will use to attempt to contact you. Cyclone should at all time have a primary email address on file. This will be the main method contact you.
If you have a domain name registered with Cyclone it is also the clients responsibility to ensure their contact information is kept up to date in the domain management center located at http://mydomain.cycloness.com
Cyclone reserves the right to modify any of the Policies at any time with out notice. All clients of Cyclone may terminate their service with Cyclone with out penalty, including early termination fees or long term hosting contracts, if Cyclone received notice of intent to cancel via Trouble Ticket or Fax within 30days of any modification of the Polices that apply to the service in which the Client is terminating. All Clients are subject to the newest Polices posted at http://www.cycloness.com/legal (this web page). Client understands that changes to these terms shall not be grounds for non-payment for services rendered.
Cyclone makes no warranties of any kind, expressed or implied, for any service we offer. Cyclone shall not be responsible for any damages resulting from, but not limited to, lose of data, delays, non-deliveries, wrong delivery, software errors or any service interruptions. Client agrees that Cyclone shall not be liable for any damages, loss or injury.
Cyclone Software Solutions will cooperate with law enforcement agencies. We will only disclose client information, including account history, account use, and other information to a law enforcement agent pursuant to an authentic and valid subpoena or other lawful request as defined under Untied States law, and the Laws of Indiana.
Refusal of Service:
Cyclone reserves the right to refuse, cancel, or suspend service at our sole discretion
Payment Of Service(s):
Payment for all services are due by 5pm eastern time on the due date stated on the invoice that is emailed to the primary contact of every client. Any account having an outstanding balance 7 days after the due day may be, at Cyclone's sole discretion, have the services suspended that relate to the past due invoice. Any account with a invoice 30 days past due may, at Cyclone's sole discretion, have the services that relate to the past due invoice terminated and all data permanently purges from Cyclone's systems. Any client that has a past due invoice of more than 90 days may, at Cyclone's Sole Discretion, have ALL services provided by Cyclone terminated and all data purged from Cyclone's system even if that particular service is current on payment.
Over Payments are credit to the clients account and can not be refunded. Any charge back or dispute to a credit card will result in a $75 administrative fee that must be paid for service to be restored.
All past due balances and administrative Fees must be paid via cashiers check before access to service or data storage will be restored. Client must report any billing errors to Cyclone with in 30 days of the invoice date.
In the Event Cyclone is forced to terminate or suspend a clients account for non-payment such termination or suspension does not relieve the clients responsibility of the client for payment of all accrued charges, plus late fees, interest and collection fees.
Late Fees & Finance Charges:
Cyclone may charge a late fee not to exceed $5.00 (five dollars) plus 10% (ten percent) interest of any past due amount. Interest shall be calculated based on clients total account past balance for all services on the date the account is over due.
Refer to Hosting Services TOS for specific Payment Terms related to our Hosting Services
Only First time clients operating under one of our satisfaction guarantee's are eligible for refunds. All other sales are final. No refunds will be given at any time for domain registration, software licenses, administrative fees, or installation charges.
All cancellations must be received in writing to "email@example.com". Cancellation request must include the type of service your canceling, domain names associated with that service (if applicable) and the date the cancellation should be effective on. Any Past due balance must be paid before cancellation. All cancellation should be requested at least 72 hours before you next billing date for the service your canceling.
Until you receive an official response from Cancellations@cyclonesoftwaresolutions.com" that your request has been processed you are obligated to pay for your account even if you do not use it. Cyclone incurs costs even, if you do not use any service, if your account remains active. These costs include but are not limited to software licenses, vendor fees, provision space, and other direct costs.
If Cyclone fails in its collection efforts to collect on a past due balance, Cyclone reserves the right to turn the account over to the third party collection agency or attorney at the clients expense. Cyclone reserves the right to report any unpaid balance to any credit reporting agency. Unpaid invoices may effect your credit rating.
Fraudulent ActivityAny use of Cyclone services to make fraudulent offers to buy or sell products, or services, or to commit any type of financial scam including but not limited to ponzi schemes, chain letters, or pyramid schemes is expressly prohibited. Any client found to be using Cyclone Services shall have their account permanently terminated, all data sealed and disposed of or turned over to the government authorities or third parties at the sole discretion of Cyclone. Determination as to what constitutes fraudulent activity shall be at the sole discretion of Cyclone.
Adding, modifying or removing identifying network header information in an attempt to deceive or mislead is expressly prohibited. Attempting it impersonate any person by using forged headers or other identifying information is expressly prohibited.
Cyclone reserves the right to change pricing or pricing terms on any account or any service at any time. Cyclone shall provide 30 days written notice of any pricing increases that shall effect any clients active account.
We are not responsible for any claims resulting from the use of our service. We are not responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for any services. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions regardless of cause. The client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons. Therefore, client agrees that the company shall not be liable for any damages, loss, or injury
Last Modified 6/26/2011