1. Term:

The initial service term of the Agreement shall begin on the date that Cyberxel receives an order confirmation email from the company.  

2. Service Cancellation

A. Cyberxel can withdraw its services if the payment is not done within 30 days of the project completion and submission.

B. Cyberxel can dissontinue a website if the payment has not been done within 30 days after the website completion as per commited formats.

3. 99% Web Site Uptime Guarantee

We guarantee that your web site will be up for at least 99% with us.

Customer shall not receive any credits under this guarantee in connection with any failure or deficiency if caused by or associated with:

Circumstances beyond Cyberxel's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications, upstream providers or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the service level agreement.

Failures caused by Cyberxel's scheduled maintenance and upgrades.
Hardware failures.
Service interruptions caused by non-payment, Terms of Service or Acceptable Use Policy violation.
DNS issues outside the direct control of Cyberxel.

4. Ownership of Data, Software, Hardware and IP addresses:

All software, hardware and IP addresses provided by Cyberxel are leased to the Subscriber and remain the property of Cyberxel. Cyberxel reserves the right to change any network infrastructure, software, hardware and IP addresses at its sole discretion.

Subscriber will provide and transmit to the system software, data and content to be uploaded to the servers and accessed by the general public via the Internet. Upon termination of this agreement, Subscriber agrees to remove all uploaded software, data and content prior to the termination date of the contract. Cyberxel's will not be responsible for providing access or copies of the software, data or content stored on the system after the final termination date.

5. Service Levels:

A. Cyberxel may interrupt service to perform maintenance. Cyberxel will use its best efforts to inform Subscriber before interrupting service to insure that access loss is minimized. In the event of equipment malfunction or failure, Cyberxel will provide its best efforts to repair the system as quickly as possible.

B. Subscriber is responsible for maintaining security patches and performing back-ups unless those services are specifically contracted to Cyberxel. In the event that Cyberxel suspects that server security has been breached, Cyberxel reserves the right to disable the account/server in order to facilitate investigation and recovery in coordination with Subscriber.

C. Subscriber agrees that Cyberxel shall not be responsible for any service interruptions.

6. Limitation of Liability, Indemnification:

A. Upon the discovery of facts which reasonably indicate that Cyberxel has breached the terms of this agreement or otherwise failed to perform its obligations under this Agreement, been negligent, or otherwise breached legal duty, Subscriber shall promptly notify Cyberxel of such facts and follow up any such verbal notification with a written notice within 30 days of such discovery.

B. The parties acknowledge and agree that Cyberxel shall not be held liable for any consequential damages, including without limitation loss of use or loss of profits, incurred by Subscriber, Subscriber's Subscriber or customer or its subsidiaries or successors, regardless of whether such damages are sustained based upon as alleged breach of contract, negligent act, or omission.

C. Cyberxel is not responsible for data or content maintained and distributed by Cyberxel. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN RISK. Cyberxel DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. CYBER ULTRA NETWORK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.