Syclone Designs, Inc.
Terms & Conditions
                                       
This agreement represents the complete agreement (called the Agreement) and understanding between Syclone Designs, Inc. and you, the Customer, regarding the Service, and supersedes any other written or oral agreement between you and Syclone Designs, Inc.  At any time, Syclone Designs, Inc. may modify these terms and conditions effective as of publication on-line. You agree that your continued use of Syclone Designs, Inc.’s Services will be deemed as an undertaking to comply with each of the modifications, which shall be incorporated into this Agreement. Any communications by either party required or contemplated under this Agreement may be delivered by electronic mail or other notice published on-line. 


You may terminate this Agreement at any time (subject to the conditions in this Agreement) by notifying our accounting department at (706) 265 4394 requesting that Syclone Designs, Inc.  cancel the Service. 

1.0 PROVISION OF SERVICES 


Syclone Designs, Inc. will provide services on its computing and network systems to customers in exchange for payment of fees and compliance with each of the terms and conditions of this Agreement. In this Agreement, Service shall mean the Syclone Designs, Inc. Internet and/or e-business services that are included in the service plan you purchased. 
 
2.0 BILLING 

2.1 Contact Information 

You are required to provide proper name, phone number and address information so that Syclone Designs, Inc. is able to contact you if required. You are required to provide Syclone Designs, Inc. with details of any changes to this information. Syclone Designs, Inc. may suspend accounts that are found to have false or missing contact information 

2.2 Fee Changes 

Syclone Designs, Inc. reserves the right to set and change fees and will publish a notice of fee increases 30 days before such increase takes effect. 

2.3 Accounting Cycle 

The Syclone Designs, Inc. accounting cycle begins on the 1st day of each month. Charges for new accounts are prorated based on the number of days remaining in the month. Charges for terminating accounts are not prorated and will not be refunded. Your payment in full is due in advance of Services rendered on the first day of each calendar month. Usage sensitive fees will be billed in the month following the usage.  Registration/setup fees are not refundable.

2.4 Credit Card Expiry 

When your credit card expires, Syclone Designs, Inc. may either request that you furnish updated credit card information or assume that your card has been renewed for two years and adjust your credit card information accordingly. 

2.5 Delinquent Accounts 

Accounts that remain unpaid at the beginning of the next accounting cycle following the due date for payment may be suspended at Syclone Designs, Inc.’s option. Accounts that are unpaid for three consecutive accounting cycles may, at Syclone Designs, Inc.’s option, be terminated. Syclone Designs, Inc. accounts may continue to accrue charges while they are suspended. There is a Service reconnection charge equal to the currently charged set-up fee to remove accounts from suspension status. You acknowledge responsibility for the account until payment in full is received by Syclone Designs, Inc.. Past due amounts are subject to an interest rate charge of 1.5% per month (18% per annum) from the date of invoice, subject to the maximum rate permitted by law, in addition to all costs of collection incurred by Syclone Designs, Inc. (including, without limitation, legal fees and collection agency fees). 


2.6 Credit Checks 

Syclone Designs, Inc. reserves the right to obtain and/or exchange information with credit grantors and credit reporting agencies for the purpose of verifying financial standing. If Syclone Designs, Inc. notifies you that you did not pass the credit check, you must make payment before Syclone Designs, Inc. commences or reinstates Service or delivers equipment. 

2.7 Long Distance Charges 

Syclone Designs, Inc. assumes no responsibility for any long distance charges which you may incur while accessing the Internet through a Syclone Designs, Inc. account. 

2.8 Requests for Information 

Requests for historical account or billing information will be subject to an administration fee, to be determined by Syclone Designs, Inc..

2.9 Billing Disputes 

If you believe Syclone Designs, Inc. has billed you incorrectly, you must contact Syclone Designs, Inc. no later than 60 days after the date of the first billing statement in which the error or problem appeared. Notifications after this period will not be eligible to receive adjustments or credits.

2.10 Cancellations 

Your Syclone Designs, Inc. account will be renewed on a month-to-month basis unless you are in breach of this Agreement or cancel the Service. Your request for cancellation must be received in writing via e-mail, fax, or postal service at Syclone Designs, Inc.’s main office by 5 PM Eastern time on the 25th day of the month in order to be effective as of the first day of the following month. All Syclone Designs, Inc.  accounts must be paid in full before the cancellation request will be considered complete.

3.0 DIAL-UP ACCESS SERVICES 

3.1 Account Sharing 

Syclone Designs, Inc.’s personal accounts can be shared with family members in your household although only one person at a time may use the account. If more than one connection at a time is made on your account, simultaneous usage (i.e. overlapping time) will be charged per hour. Charges for partial hours will be prorated.

3.2 Syclone Designs, Inc.’s Right to Limit Services

3.2.1 You agree not to use individual use dial-up access services for unattended automated operations or server connectivity applications.

3.2.2 Syclone Designs, Inc. reserves the right to disconnect sessions after a pre-defined period of inactivity and to restrict the length of sessions. You further agree not to use Internet applications for the purpose of simulating network activity to avoid session inactivity disconnection.

3.2.3 Syclone Designs, Inc. reserves the right to prioritize access connectivity if required in periods of peak network demand (generally evening hours). You acknowledge that your access may be temporarily restricted.

3.2.4 Syclone Designs, Inc. reserves the right to remove personal Web pages which generate excess data transfer or are being used for commercial purposes.

3.2.5 All e-mail accounts are provided 5 megabytes of storage space. If you reach this limit, additional e-mail messages will not be accepted.

3.2.6 Internet Access accounts that do not include Dedicated Access as a service may not be used as full-time dedicated connections.

3.3 Internet Abuse

Activities falling under the general category of "Internet abuse" are grounds for termination of your account without notice. The final decision to terminate your account lies solely at the discretion of Syclone Designs, Inc..  The following guidelines may be used to determine if an activity constitutes abuse of Internet resources. Please remember that the Internet is a global community of people, sharing resources for mutual benefit. This community upholds a set of rules, commonly referred to as "netiquette".  Syclone Designs, Inc. expects that you will abide by these rules and promote ethical and responsible behaviour on the Internet.

3.3.1 You may not use your Syclone Designs, Inc. account to send out
unsolicited e-mail, whether of a commercial nature or not. Abusive,
threatening, harassing or coercive messages are similarly not permitted. You
may not continue sending e-mail messages to another individual or another
system who has explicitly requested that you cease.  Mail may be blocked at
the sole discretion of Syclone Designs, Inc.

3.3.2 "Spam" is a popular term used to describe the mass posting of
substantially similar messages to one or many Usenet newsgroups. The term is
also applicable to similar behaviour in e-mail. Posting multiple messages to
newsgroups or posting to multiple newsgroups are equally prohibited. Limit your messages to newsgroups suited to the subject matter of your message. Flooding a newsgroup is strictly prohibited.

3.3.3 The distribution of chain letters, pyramid schemes, "Ponzi" schemes, multi-level marketing scams, etc.  are strictly prohibited in any form (through e-mail or Usenet news, on IRC, on a Web page, etc.).

3.3.4 Impersonating another user or otherwise falsifying one's username in e-mail, Usenet postings, on IRC, or with any other Internet service, with the intention to defraud or to avoid recriminations arising from abusive activity are not permitted.

3.3.5 Your account may be terminated if it is involved in any way with Internet abuse, even on another ISP.  This includes, but is not limited to: using the Syclone Designs, Inc.  account as a mail reply dropbox, as the recipient of a forwarded e-mail address from another service provider, as a Web page or other service advertised or promoted by the spam, or as an access point to another service provider where the abusive activity is launched.

3.3.6 You agree not to use any process, program, or tool via Syclone Designs, Inc. Services for guessing the passwords of customers on Syclone Designs, Inc. or other systems. You agree not to use Syclone Designs, Inc. Services to make unauthorized attempts to access the systems and networks of others.

3.4 Syclone Designs, Inc.’s Right to Terminate Service

3.4.1 You authorize Syclone Designs, Inc. to investigate any violations of the terms of this Agreement and acknowledge that Syclone Designs, Inc. has the right to suspend access to the account, or discontinue any or all Services temporarily or permanently. The suspension may be rescinded at the discretion of Syclone Designs, Inc.  and may require the payment of a service reconnection charge.

3.4.2 Occasionally, unintentional abuse is misclassified as intentional. Account holders who believe their activity has been misclassified may appeal to Syclone Designs, Inc. The account holder's sole remedy and Syclone Designs, Inc.’s sole liability in respect of any misclassification of activity shall be credit for Service fees for the duration of the misclassification applied to the account holder's account.

3.4.3 Violation of these guidelines, or intentional damage to Syclone Designs, Inc. systems or other networks via our systems, may result in civil or criminal liability and/or monetary penalties plus clean-up costs. Clean-up costs are charged to the customer at a minimum of $200/hour.

3.4.4 If your account is terminated by Syclone Designs, Inc. for the reasons described in section 3.3, you agree not to register another account with Syclone Designs, Inc. without written permission.

4.0 HOSTING SERVICES (Domain Name, Web Site & Domain E-mail)

4.1 Domain Name

You assume responsibility for selecting your domain name and ensuring that use of the domain name does not conflict with the right of any other person. Without limitation, Syclone Designs, Inc. shall not be liable to you or any other person arising from actual or threatened termination of your right to use a domain name. You agree to pay any third party costs associated with obtaining the domain name.

4.2 IP Address Ownership

You acknowledge that Syclone Designs, Inc. is the owner of the Internet Protocol (IP) number assigned to the domain name and web site hosted by Syclone Designs, Inc..

4.3 Third Party Costs
 
Unless otherwise specified as part of the Service, you agree to pay any third party costs associated with obtaining a domain name.

5.0 SERVER CO-LOCATION 

5.1 Right to Inspect 

All equipment being co-located on Syclone Designs, Inc. premises must be pre-approved by Syclone Designs, Inc.. Syclone reserves the right to inspect all Customer equipment and refuse acceptance of the equipment if it does not meet Syclone Designs, Inc.’s acceptance standards.

5.2 Contract Period 

Server Colocation Service is provided to you for a minimum contract period of one year. 
 
5.3 Contract Renewal 

After the expiry of the initial contract period, this contract will automatically renew for the same period unless written notice of cancellation is received at least 60 days prior to completion of the initial contract period. Syclone Designs, Inc. may adjust the price the Service after the expiry of the initial period with 30 days notice.

5.4 Termination Prior To Expiry of Contract Period 

5.4.1 You may terminate Server Colocation Service prior to the expiry of the initial contract period, subject to an early termination penalty of 50% of the remaining monthly fees for the balance of the contract period.

5.4.2 Alternatively, you may terminate the Server Colocation Service covered under this Agreement without an early termination penalty as long as you commit to purchase additional contracted services for a period that maintains the equivalent "Remaining Contract Value".  Remaining Contract Value is defined as the monthly fee for the Service times the remaining number of months in the contract period. For example, a $100 per month Service that is canceled in the fifth month of a twelve-month contract period has a Remaining Contract Value of $700 (i.e. Seven months times $100 per month).

5.5 Shared Facility 

You acknowledge that Syclone Designs, Inc. intends to allow other customers to install equipment in a shared co-location room and that Syclone Designs, Inc. has no liability for any damages, costs or losses caused by other customers’ acts or failure to act. Syclone Designs, Inc. staff will supervise all customer visits to the co-location facility.

5.6 Domain Name 

You assume responsibility for selecting your domain name and ensuring that use of the domain name does not conflict with the right of any other person. Without limitation, Syclone Designs, Inc. shall not be liable to you or any other person arising from actual or threatened termination of your right to use a domain name. You agree to pay any third party costs associated with obtaining the domain name.

5.7 IP Address Ownership 

IP addresses that are assigned to you for this Service will be retained by Syclone Designs, Inc. in the event that Service is terminated.

5.8 Remote Hands Assistance 

In accordance with our pricing schedule, you have the option to have a Syclone Designs, Inc. employee perform simple procedures on the co-located equipment by following the literal instructions over the phone of an assigned employee from your company. Syclone Designs, Inc. reserves the right to refuse to execute certain types of procedures. Pursuant to section 9.6, Syclone Designs, Inc. accepts no liability for any loss or damages caused by performing this service.
  
5.10 Insurance 

5.10.1 As a condition of this Agreement, during the term of this Agreement, you agree to maintain, at your expense, the following insurance: (a) Commercial General Liability insurance in an amount not less than one million dollars ($1,000,000) for bodily injury and property damage, (b) property insurance insuring against perils of fire, extended coverage, vandalism, malicious mischief, special extended coverage (all-risk) and sprinkler leakage, and (c) Worker’s Compensation in an amount not less than that prescribed by statutory limits.

5.10.2 This insurance policy shall be on all property owned by you or that was installed at your expense, in an amount not less than ninety percent (90%) of the full replacement cost thereof.

5.10.3 Syclone Designs, Inc. reserves the right to request proof that Syclone Designs, Inc.  is named on the policy of the insurance policy and to refuse to provide Service until such proof is provided.

5.10.4 Syclone Designs, Inc. shall not insure or be responsible for any loss or damage to property of any kind owned or leased by the Customer or its employers, contractors, and agents. You will provide Syclone Designs, Inc. with copies of all policies of insurance covering the equipment owned or leased by the Customer against loss or physical damage shall waive their rights against Syclone Designs, Inc. and each of their directors, officers, employees, contractors and agents.

5.11 Security 

5.11.1 Syclone Designs, Inc. agrees to maintain a physically secure co-location facility. 

5.11.2 Syclone Designs, Inc. recommends that you hire a specially trained security consultant if your network contains sensitive data.

6.0 DEDICATED ACCESS SERVICES 

6.1 Services Offered 

Dedicated Access Services include ISDN and Fractional T1 Internet services.

6.2 Exclusions 

6.2.1 For Dedicated ISDN service, monthly billing does not include telephone company charges which are billed separately by the local telephone company. If desired, Syclone Designs, Inc. will order the ISDN access from the local telephone company on your behalf.  In such cases, you must sign a Letter of Authorization and will be responsible for the telephone company charges.

6.2.2 Additional Services including (but not limited to) Domain E-mail, News Server Access and Syclone performed packet filtering updates are not included in the base price.

6.2.3 Unless otherwise specified as part of the Service, you agree to pay any third party costs associated with obtaining a domain name.

6.3 Contract Period 

Dedicated Access Service is provided to you for a minimum contract period as indicated on the service order form.

6.4 Contract Renewal 

For Dedicated ISDN and Business ADSL services, Syclone Designs, Inc. will continue to provide Service on a month-to-month basis after the expiry of the contract period unless you terminate the Service pursuant to section 2.13.  Syclone Designs, Inc. may adjust the price of the Service after the expiry of the initial contract period with 30 days notice.

6.5 Termination Prior To Expiry of Contract Period 

6.5.1 You may terminate Dedicated Access Service prior to the expiry of the initial contract period, subject to an early termination penalty of 50% of the remaining monthly fees for the balance of the initial contract period.

6.5.2 Alternatively, you may terminate the Dedicated Access Service covered under this Agreement without an early termination penalty as long as you commit to purchase additional contracted services for a period that maintains the equivalent Remaining Contract Value.  Remaining Contract Value is defined as the monthly fee for the Service times the remaining number of months in the contract period. For example, a $100 per month Service that is canceled in the fifth month of a twelve-month contract period has a Remaining Contract Value of $700 (i.e. Seven months times $100 per month).

6.6 Customer Premises Equipment 

Syclone Designs ISDN service does not include the price of an ISDN modem, which customers must provide to access Syclone Designs ISDN internet access.  Syclone Designs, Inc. makes no claim of warranty for ISDN modems used by its customers, except that Syclone Designs Inc. will honor the warranty of ISDN modems it sells. 

6.7 IP Address Ownership 

IP addresses that are assigned to you for this Service will be retained by Syclone Designs, Inc. in the event that Service is terminated.

6.8 Re-termination of Circuit 

Re-terminating the circuit refers to relocating the termination point of the telephone company’s dedicated leased line at your premises. The leased line connects you to the Service. Should you deem it necessary to re-terminate the circuit, you will be responsible for certain Syclone Designs, Inc. and telephone company fees. Syclone Designs, Inc. is not responsible for Service disruptions caused by the re-termination. You can send re-termination request via electronic mail to webmaster@syclone.net.


8.6 Exclusions from Availability 

8.6.1 Scheduled Maintenance Window. Syclone Designs, Inc. executes scheduled enhancements to its systems and network between the hours of 4AM and 7AM (Eastern Standard Time) on Sunday mornings. 

8.6.2 Problems Beyond Syclone Designs, Inc.’s Control. Service outages caused by natural disasters (including, but not limited to, fires, floods and ice storms) war, insurrection, cosmic rays, radiation damage, riot, or any other event beyond the reasonable control of Syclone Designs, Inc. are excluded from any guarantee of availability.

8.6.3 Customer Caused Problems. Customer errors, including, but not limited to, software configuration errors and Customer-owned hardware failures are not covered under any guarantee of availability.

8.6.5 Provisioning Not Completed. The provisioning process must be completed (i.e. domain name approved, accounts created, etc.) in order for any guarantee of availability to apply.


9.0 OTHER TERMS & CONDITIONS 

9.1 Local, Provincial & Federal Law 

You agree to use the Services as permitted by local, state and federal law. You shall not use the Services to carry out any business activity or solicit performance of any activity that is prohibited by law. You expressly agree:

9.1.1 not to knowingly interfere with the lawful use, by others, of their accounts; 

9.1.2 not to modify, reverse engineer or, decompile, disassemble, or create derivated works based on Syclone provided software;

9.1.3 not to deliberately release computer viruses or other unauthorized or unwanted computer programs or data onto the Internet;

9.1.4 not to violate copyright, moral rights, or any other rights of any person, firm or corporation;

9.1.5 carry out any other act or omission which is contrary to law.

9.2 Investigations

Syclone Designs, Inc. reserves the right to cooperate with officers of the law of any jurisdiction in monitoring compliance with the laws of that jurisdiction. At the same time, in order to prevent further possible unauthorized activity, Syclone Designs, Inc. may suspend access to Services for the account in question.

9.3 Age 

Customers less than 18 years old must have a parent or legal guardian agree to these conditions to indicate acceptance and knowledge of these terms and an agreement to supervise access by such Customers.

9.4 Objectionable Content 

Some of the content available through the Internet deal with subjects, and may contain language or images about subjects which may be considered to be objectionable to some, and are intended solely for adult audiences.

9.5 Warranties 

Use of any information obtained through the Service is at your own risk. Except as described in section 6, Syclone Designs, Inc. does not warrant that the Service or equipment will meet specific requirements or that the operation of the Service or equipment will be uninterrupted or error-free.

9.6 Limitation Of Liability 

Neither party shall be liable to the other for any loss, damage, liability, claim or expense arising out of or in relation to the Agreement, however caused, whether grounded in contract, tort (including negligence) or theory of strict liability. IN NO EVENT SHALL SYCLONE DESIGNS, INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN RELATION TO THE AGREEMENT. SYCLONE DESIGNS, INC.’S ENTIRE LIABILITY AND THE CUSTOMER'S EXCLUSIVE REMEDY SHALL BE AT SYCLONE DESIGNS, INC.’S OPTION, EITHER RETURN OF THE SERVICE FEES PAID FOR THE CURRENT MONTH OF SERVICE, OR REPLACEMENT OF CONNECTION SERVICES OR PRODUCTS.


9.7 No Assignment 

You shall not sell, transfer, or assign this Agreement without the prior written consent of Syclone Designs, Inc.. Any act in derogation of the foregoing shall be null and void, and the you will remain obligated under this Agreement.

9.8 Severability 

If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement will remain in full force and effect.

9.9 Choice of Law and Waiver of Trial by Jury 

This Agreement will be governed by and construed in accordance with the laws of the state of Georgia, excluding its conflict of laws principles, and the parties consent to personal jurisdiction of and venue in the state courts located in and serving Dawsonville, Georgia.  Each party waives a jury trial in any matter arising out of or relating to this Agreement.

You acknowledge that you have read and understand this Agreement and agree to be bound by its terms. You represent and warrant that you have full power and authority to execute and deliver this Agreement and to perform the obligations thereunder.  

9.10 Errors in Media

You acknowledge that Syclone Designs, Inc. shall not be held responsible for typographical errors in any medium, printed or electronic, including press releases, advertisements, or broadcasts.