Service Terms & Conditions

In order to receive services from CyberAnnex Internet Services, Inc. ("CyberAnnex"), all customers must agree to the following Terms and Conditions:

1. The customer agrees to remain entirely liable for all activities conducted through the customer's account. The customer may permit an authorized employee, contractor, corporate officer, or a member of the customer's immediate household (in the case of residential service) to use the customer's account subject to the account holder's supervision and with assumption of all resulting liabilities
2. The customer agrees to not attempt to gain unauthorized access to or tamper with any part of CyberAnnex's network or accounts on CyberAnnex's network, as well as other networks or accounts on other networks.
3. The customer agrees to not use CyberAnnex's network for the purpose of harassing or threatening other people.
4. The customer agrees to not consume excessive network resources, including but not limited to, disk space, RAM, or processor time.
5. The customer agrees to not use CyberAnnex's network to distribute unsolicited bulk electronic mail (UBE) or inappropriate commercial postings (spam) to Usenet newsgroups. UBE or spam directing recipients to a site served by CyberAnnex's network is prohibited.
6. The customer agrees that data archived by CyberAnnex for recovery purposes is the property of CyberAnnex. CyberAnnex reserves the right to charge the customer for restoring data from its backup system. CyberAnnex makes no warranties of any kind, whether expressed or implied, as to the quality or reliability of these backups.
7. The customer agrees that CyberAnnex reserves the right to prevent other Internet users from accessing its network, either in part or in whole, for any reason.
8. The customer is responsible for providing and maintaining the necessary cabling, hardware and software used for this service at the customer's site. All telephone company installation and recurring charges are the customer's responsibility. It is understood that CyberAnnex does not own or control the telecommunications facilities used to access its network, except those specifically identified as belonging to CyberAnnex.
9. Services provided by CyberAnnex can be paid for via check, money order, or credit card. Accounts are normally billed monthly in advance. Personal customers will receive invoices via electronic mail. Corporate customers will receive invoices via electronic and postal mail. Payment terms are noted on each invoice. Failure to comply with payment terms may result in an interruption of service. Charges for service, including but not limited to hardware, software, shipping, any applicable taxes and the DSL service itself must be paid within 30 days of the invoice due date. Services not paid for within this time period will be suspended and/or terminated. Establishing new service after termination due to non-payment will be at CyberAnnex's discretion, may require a security deposit, and may incur additional installation charges. To qualify for a non-defective equipment refund or exchange, any hardware provided by CyberAnnex must be returned or exchanged within 15 days of service becoming active and be in resalable condition including original items, accessories and packaging. Defective products will be replaced either by CyberAnnex or the product manufacturer.
10. Termination of accounts must be in writing, via fax, US mail, or electronic mail. A pro-rated refund will be issued to accounts that are in good standing. If CyberAnnex terminates service due to any violation of this agreement by the customer, the customer forfeits any existing balance. If CyberAnnex waives the right to terminate service due to any violation of this agreement, CyberAnnex is not bound to waive that right in future instances.
11. Post-Termination Assistance. Unless we terminate your use of the Service Offerings during the 30 days following termination: CyberAnnex will not erase any of Your Content as a result of the termination; Customers may retrieve Content from the Services only if the customer has paid any charges for any post-termination use of the Service Offerings and all other amounts due and CyberAnnex will provide the customer with the same post-termination data retrieval assistance that we generally make available to all customers. Any additional post-termination assistance from CyberAnnex is subject to mutual agreement by customer and CyberAnnex.
12. These Terms and Conditions may not be sold, transferred, or assigned without the prior written consent of CyberAnnex.
13. CyberAnnex exercises no control whatsoever over the content of the information passing through its network. CyberAnnex makes no warranties of any kind, whether expressed or implied, for the service it is providing.
14. CyberAnnex will not be responsible for any damage the customer suffers from use of CyberAnnex's network. This includes, but is not limited to, loss of data resulting from delays or service interruptions caused by CyberAnnex's own negligence, CyberAnnex's vendors, other third parties, or the customer's errors or omissions. Use of any information obtained via CyberAnnex's network is at the customer's own risk. CyberAnnex specifically denies any responsibility for the accuracy or quality of information obtained through its network.
15. CyberAnnex does not release subscriber information to other parties. The following exceptions to this exist: when CyberAnnex must cooperate with law enforcement agencies, when CyberAnnex chooses to report delinquent accounts to a collections agency, and as described below for DSL and T1 service.
16. When ordering DSL, T1, or Metro Ethernet service, and when providing support for DSL, T1, or Metro Ethernet service, the customer grants CyberAnnex the permission to provide the local exchange carrier (LEC) and/or their affiliates with information including but not limited to the customer's name, address and telephone number. If the customer chooses not to grant CyberAnnex permission to disclose this information, CyberAnnex cannot provide DSL, T1, or Metro Ethernet service to the customer.
17. CyberAnnex's network may only be used for lawful purposes and in accordance with these Terms and Conditions. Transmission of any material in violation of any local, state, federal or international regulation(s) is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. The customer agrees to indemnify and hold harmless CyberAnnex from any claims resulting from the customer's use of the service which damages the customer or another party.
18. The use of CyberAnnex's network to transmit certain kinds of information may violate export control laws and regulations of the United States, whether that information is received abroad or by foreign nationals within the United States. Since CyberAnnex exercises no control whatsoever over the content of information passing through its network, the entire burden of complying with such laws and regulations rests with the customer. The customer agrees to comply with such laws and regulations and to indemnify and hold CyberAnnex harmless from any damages it may suffer resulting from any violation of the export control laws of the United States.
19. If any provision of these Terms and Conditions are held by a court of competent jurisdiction to be contrary to law, the remaining provisions of these Terms and Conditions will remain in full force and effect.
20. These Terms and Conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of CyberAnnex's network constitutes acceptance of these Terms and Conditions. These Terms and Conditions may be modified by CyberAnnex at any time. Continued use of CyberAnnex's network following such modifications constitutes acceptance of these Terms and Conditions, as modified.
21. These Terms and Conditions shall be deemed to have been made in Orange County, California, and shall be construed in accordance with the laws of the State of California. All actions or proceedings relating, directly or indirectly, to these Terms and Conditions shall be litigated only in courts located within the County of Orange, California.