By purchasing the Services, You acknowledge and agree that You have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies that Cyanode may establish and post on its website from time to time.
Cyanode provides the Services to its customers for a monthly based fee. Cyanode will provide You an account on one or more of its Services, provided, however, You abide by the terms and conditions set forth in this Agreement and in any other agreement pertaining to other services you may purchase. Cyanode reserves the right to modify its network and facilities used to provide the Services for purposes including, but not limited to, accommodating evolving technology and increased network demand, and providing enhanced services. Cyanode shall use reasonable efforts to notify You in advance of any planned changes to Cyanode’s network or facilities that may adversely affect the Services provided under this Agreement.
Fees for Services ordered by You shall be charged beginning on the date of the initial order and that date shall serve as the monthly anniversary date for all future billings including one time fees, upgrades, additional services, terminations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the in a period of 5 days before of your due invoice in the month.
From time to time it may be necessary to make adjustments in the fees and surcharges charged for the Services in order to cover certain changing costs (e.g., power) incurred by Cyanode in providing the services. Such adjustments will be reflected on the statement or invoice provided to you for the Services, and you agree to pay the fees and surcharges for the Services, as adjusted.
Cyanode provides several options for payment:
Cyanode reserves the right to charge a late fee of 1.5% per invoice per month on late payments. Invoices will be automatically considered late once the invoice due date has passed.
In the event you fail to pay your invoice within 3 days of the due date, Cyanode reserves the right to suspend your service. If you are still past due on the 5th day from the due date of the invoice, we reserve the right to terminate your service entirely and reformat your server. If you are terminated for non-payment, we also reserve the right to refer your account to a third party collection agency and you agree to pay any collection fees or legal fees we may be charged to collect on your debt.
"Overage" is defined as usage of the Services provided by Cyanode to You in excess of the allocated limitation. Overages are charged for Bandwidth and Professional Services (administrative time) used in excess of the amount allocated to Your account. You agree to pay the then-current Overage fees and charges for the Cyanode services, including backup and bandwidth Overage fees, upon receipt of an invoice. You can be informed about the extra Fees from you account manager with sending an email to him. Overage fees can be avoided by subscribing to a higher service plan.
You agree to a month to month term for the Services unless otherwise agreed to in writing. The month to month term for services is automatically renewed each month unless either party notifies the other in writing of its desire that the Agreement not be renewed, no later than three (3) days before the next upcoming anniversary date for billing. For information on how to terminate Your account, please contact the Cyanode’s Billing department. An Option for cancellation might be available on your customer Portal, which is provided only for specific services. Otherwise, a ticket or email to Billing department is required.
When you request termination, we will follow this process: We will immediately suspend billing and disconnect service to the server. We are not able to schedule termination ahead of time, and all termination requests are effective immediately. Regarding mid-month or mid-period terminations, Cyanode will not issue pro-rated refunds for payments received in the middle of a payment cycle.
Cyanode may terminate this Agreement effective immediately and without notice upon any breach by You of any of the terms of this Agreement. In such event, Cyanode shall have no obligation to refund any fees paid in advance by You.
Cyanode offers 14-days money back for only first Service of new registered customers in case of dissatisfaction. The Refund request should be submitted to Billing department within 14 days of Service provisioning. Refund request shall be rejected if there is any Abuse of Service. We will refund only to the source payment gateway. Refunds are only available for Virtual Private Servers (“VPS”).
Under this Terms of Service agreement, you must first contact Cyanode to attempt to resolve any billing disputes before contacting your bank or credit card company to dispute the charges. You further agree that any billing disputes must be submitted in writing to our billing department within one month of the invoice payment in question.
By using our services You agree to the above policy and to contact Cyanode before contacting your financial institution to seek a resolution.
In the event you dispute charges contrary to this agreement, we reserve the right to refer your account or sell your debt (plus any applicable fees) to a third party collection agency. We also reserve the right to take further legal action against you.
Any abuse towards any Cyanode employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner, when emailing, calling or submitting online tickets to Cyanode. Any cursing, yelling, or further intentional disruptive behavior aimed at Cyanode or its employees shall be considered a violation of this Terms of Service agreement.
Any threat; whether orally, verbally, in written, via E-mail, via Live Chat, delivered by second parties or delivered in any other way, and directed towards Cyanode or any of Cyanode's employees, partners, staff, contractors, sub-contractors, facilities, offices, etc. shall be construed as a violation of this Terms of Service agreement. Threats of physical violence will be directed to the proper authorities.
No refunds shall be given when the above Tortuous Conduct clause is a violation and necessitates the termination of an account or services.
At all times, You bear the full risk of loss of any content and software you place on the Cyanode servers. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of the content displayed, linked, transmitted through or stored on the server.
Cyanode does not undertake any obligation to provide management or security services unless you specifically request it to do so. If any technology specifically associated with your account requires updating, You must make a request for such update through Cyanode's ticketing system.
You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your content; (ii) maintain independent archival and backup copies of Your content; and (iii) ensure the security, confidentiality, and integrity of Your content transmitted through or stored on HugeServer servers. HugeServer shall have no liability to You or any other person for loss, damage or destruction of any of Your content.