Home -> Company Information -> Legal

Terms and Conditions for Hosted Websites - Acceptable Use Policy - Spam Policy - User Agreement

CyberWiz Hosted Website Policies Your second months payment will be adjusted for the pro-rated amount of hosting service utilized in your first month - in other words your second months bill will be slightly lower then indicated in the table. Setup Fees and Hosting fees are non-refundable. eChecks - When you pay your initial payment for your new website using a PayPal eCheck, we will begin constructing your new Webstore upon clearance of the eCheck (this is because an eCheck is NOT a legal promise to pay as a regular check is) Monthly bills for financed setup fees and hosting service will be emailed to you before the first of each month and are due by the 5th of the month. Fees are past due as of the 10th of the month. Service will be suspended on accounts where payment has not been received by the 15th of the month. Your setup fee is deemed earned by CyberWiz at the time your website account is accepted. You are responsible to pay the balance of any financed setup fees even if you decide to discontinue operation of your website. Arrears or non-payment of financed setup fees may be reported to the national credit bureaus. Ownership of the copyright to custom graphics, such as your header logo and banner, transfer to you only upon final payment of the  setup fee. All rights, title and interest in the copyright and intellectual property rights to said graphics belong to CompleteWebStore SMC until the entire setup fee is paid in full. A service restoral fee of $75.00 will be billed to accounts that have been suspended for non-payment. Graphic design services, above and beyond those provided as part of your setup fee, are billed at $80.00 per hour. CyberWiz offers email support only when you send your request for support directly to the CyberWiz Support Staff POP3 Server without attachments of any type Support@CyberWiz.com [We are sorry, but for security reasons, our support staff cannot retrieve email from any alternative delivery methodologies, and are not allowed to open unexpected attachments to your email] with phone-back service from your support professional as required. Incoming support calls will be billed at $160.00 - $240.00 per hour with a 15 minute minimum or 1 hour minimum based upon your contract status. Support is strictly limited to assisting you in managing the installed features of your CyberWiz website through the manager's panel. It does not include support for third party tools such as counters, banners, mailing list managers, links, affiliate programs or other computer problems not directly related to managing your CyberWiz software. All post-sale customer communication and support is handled exclusively by our support professional. Repeated support requests sent to addresses other than the support address will result in having your email address blocked from all but the support address. Your Manager's Panel enables those of you who want to learn HTML programming to customize your websites in many areas. HTML programming support is not included in basic support services. HTML programming services are available at $80.00 to $160.00 per hour CompleteWebStore SMC is sold with a standard set of features as represented on this website. New progamming features are available upon request at $80.00 to $160.00 per hour. Hosting and setup fee payments must be made using PayPal. A handling fee of $10.00 will be charged to any account requiring alternative credit card processing for any amount less that $300. Important Spam Notice Sending email advertising your website to anyone who has not specifically requested such email from you is considered spam. Any site which spams anyone will have their store closed without notice to them. Cyberwiz is required to take this action to prevent our Internet access provider from shutting the entire site down. CyberWiz has a zero tolerance policy on spam. IMPORTANT NOTICE: CompleteWebStore SMC is a separate company, under separate management, from CyberWiz Studios. Cyberwiz Studios is a custom programming company. Your CompleteWebStore SMC uses advanced programming technology from CyberWiz, but DOES NOT include any custom programming. CompleteWebStore SMC offers a carefully selected assortment of user-controlled features. If you desire a feature which is not included in the current CompleteWebStore SMC CS application, it is not available to you. Fully customized websites - designed to your programming scope - generally begin at about $20,000.00. Cyberwiz programmers do not provide support to CompleteWebStore SMC customers. Requesting support directly from Cyberwiz programmers indicates your explicit agreement to have CyberWiz's emergency consulting fees billed to your account at $240 per hour with a 4 hour minimum per incident. Support@CompleteWebStore.com is available to assist CompleteWebStore SMC customers per the terms of your account. Cyberwiz Hosting Service Contract (version of February 26th, 2001) Steven R. Rush dba/ CyberWiz Studios ("CyberWiz Studios") is a Web Presence Provider. User accounts on our Internet servers are subject to compliance with the terms and conditions set forth below. Under the terms of this agreement, your placement of information on CyberWiz Studios' servers is an acknowledgement that you have read and understood this agreement, and that you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind on CyberWiz Studios' servers. 1. USER CONDUCT CyberWiz Studios' services may only be used for lawful purposes. Any use of these services which violates any local, state, federal, or international laws which may apply to CyberWiz Studios, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited. While using the service, you may not: Restrict or inhibit any other user from using and enjoying the Internet; Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the U.S. export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws; Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component; Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material); 2. INDEMNIFICATION You agree to indemnify, defend, and hold harmless CyberWiz Studios from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, CyberWiz Studios, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content. 3. REFUSAL OR DISCONTINUANCE OF SERVICE CyberWiz Studios reserves the right to refuse or discontinue service to anyone at CyberWiz Studios' sole discretion. CyberWiz Studios may deny you access to all or part of the service without notice if you engage in any conduct or activities that CyberWiz Studios in its sole discretion believes violates any of the terms and conditions in this agreement. CyberWiz Studios shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that CyberWiz Studios has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. CyberWiz Studios reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. 4. NO WARRANTIES CyberWiz Studios makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by CyberWiz Studios or its agents or employees shall create a warranty. CyberWiz Studios provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall CyberWiz Studios be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with CyberWiz Studios service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service. You understand that by placing information on CyberWiz Studios' servers that such information becomes available to all Internet users and that CyberWiz Studios has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of CyberWiz Studios' servers and the Internet. It is solely your responsibility to evaluate the accuracy, ness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through CyberWiz Studios or on the Internet generally. 5. ECPA NOTICE CyberWiz Studios reserves the right to monitor any and all communications through or with our facilities. You agree that CyberWiz Studios is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded. 6. IDENTIFICATION INFORMATION You agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply CyberWiz Studios with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use. 7. NO INTERFERENCE WITH OPERATION OF SYSTEM You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to. You agree to adhere to system policies as published online by CyberWiz Studios, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at CyberWiz Studios. You agree to abide by any and all future CyberWiz Studios policy decisions. 8. SECURITY You agree that the security of your account is solely your own responsibility. You further agree that if you believe the security of your account has been compromised in any way, you will notify CyberWiz Studios immediately in writing by registered mail, return receipted, to CyberWiz Studios, 8001 South Hosmer, Suite C121, Tacoma, Washington, USA 98408. You shall be held fully responsible for any misuse or compromise to your account for which CyberWiz Studios is not properly notified. You agree that if any security violations are believed to have occurred in association with your account, CyberWiz Studios has the right to suspend access to the account pending an investigation and resolution. You also agree that CyberWiz Studios has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our system to engage in software piracy or other violations of law will result in account suspension and be immediately reported to the appropriate authorities. 9. BACKUP OF DATA Your use of the service is at your sole risk. CyberWiz Studios is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on CyberWiz Studios servers. 10. TRANSMITTAL OF MATERIALS You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of CyberWiz Studios or any other service with reference to services obtained through CyberWiz Studios, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and may cause your services to be terminated immediately and without warning and you will be held fully responsible for any damages to you, CyberWiz Studios, or any other party or parties resulting from any such conduct. 11. PAYMENT You agree to supply appropriate payment for the services received from CyberWiz Studios, in advance of the time period during which such services are provided. You agree that all setup fees are non-refundable once setup is d. You agree that until and unless you notify CyberWiz Studios of your desire to cancel any or all services received, those services will be billed on a recurring basis. You agree that if you are paying by credit card, prepayments will be billed and charged automatically, and that CyberWiz Studios may apply the amount due to the provided card at any time. CyberWiz Studios agrees that pro-rated refunds for unused time periods will be provided upon request, in the event of account termination. You agree that financed setup fees remain due and owing until paid in full. You agree that you are responsible for attorneys' fees and costs of collections for any actions taken by CyberWiz Studios to enforce payment of financed setup fees. You agree that arrears in payments of financed setup fees or other non-payment of financed fees may be reported to national credit reporting agencies. You agree that all rights, title and interest in any custom graphic arts, logos, designs or copywriting remain the sole property of CyberWiz Studios until such time as your setup fee is paid in full, at which point all rights, title and interest transfers to you. 12. PRIOR AGREEMENTS This agreement supersedes any written, electronic, or oral communication you may have had with CyberWiz Studios or any agent or representative thereof, and constitutes the  and total agreement between the parties. 13. SEVERABILITY If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable. 14. APPLICABLE LAW, JURISDICTION, AND SERVICE This agreement shall be governed by the applicable laws of the State of Washington, USA ("Washington") and the United States of America. Customer agrees that all services provided by CyberWiz Studios shall be deemed to have been requested and provided in Pierce County, Washington. Customer further agrees that the Superior Court of State of Washington, Pierce County Division, shall have personal jurisdiction over Customer and exclusive subject matter jurisdiction over any and all controversies or claims arising from or relating to this agreement or the services provided by CyberWiz Studios. Customer agrees to accept service of process related to this agreement by ordinary mail, postage prepaid, to the most recent address provided by Customer. 15. ACKNOWLEDGEMENT By placing and continuing to maintain or place information on CyberWiz Studios' servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them. Other Information This is our account service contract. It is fairly standard legalese, and generally follows the form set by our gateway service provider. Although it may sound harsh, rest assured that we have nothing but good intentions towards our customers. Like all of our policies, the contract is designed to maximize the efficiency and quality of our service for all customers. Please note that the contract can not be modified. SPAM Policy Scope This Spam Policy ("Policy") governs the usage of CyberWiz's products and services ("Services"). This Policy is incorporated by reference into each contract CyberWiz enters into with a customer ("Customer", "Member", "You", "Your") for the use of such Services. Every Customer is subject to this Policy, and by virtue of using CyberWiz Services, agrees to be bound by this Policy. CyberWiz may modify this Policy at any time with or without notice. Any modification is effective upon posting on our website and continued use of CyberWiz Services constitutes the Customer's acceptance of such modifications. Policy violations are determined by CyberWiz in its sole and absolute discretion. Spam Policy CyberWiz does not authorize the use of its proprietary computers and computer network to accept, transmit or distribute unsolicited bulk e-mail sent from the Internet to CyberWiz members. In addition, Internet e-mail sent, or caused to be sent, to or through CyberWiz services that makes use of or contains invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing will be deemed to be counterfeit. Any attempt to send or cause such counterfeit e-mail to be sent to or through CyberWiz services is unauthorized. Similarly, e-mail that is relayed from any third party's mail servers without the permission of that third party, or which employs similar techniques to hide or obscure the source of the e-mail, is also an unauthorized use of CyberWiz services. CyberWiz does not authorize anyone to send e-mail or cause e-mail to be sent to the CyberWiz Network that violates CyberWiz's Terms and Conditions or CyberWiz's Spam Policy. CyberWiz reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from entering, utilizing or remaining within CyberWiz services. Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, CyberWiz services. CyberWiz's failure to enforce this policy in every instance in which it might have application does not amount to a waiver of CyberWiz's rights. Violations of CyberWiz's Terms and Conditions, Service Usage Policy, and Spam Policy, include but is not limited to the following: Using or causing to be used CyberWiz's computer systems and services to facilitate the transmission of unsolicited or unauthorized material. This includes any promotional materials, URLs, "junk mail," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available. Receiving responses by any means (email, http, or otherwise) from UCE/UBE (aka spam) sent via any other provider. Being linked to from a website advertised via UCE/UBE (aka spam). Promotion of UCE/UBE (aka spam) services or distributing or encouraging UCE/UBE (aka spam) services or lists of email addresses. Linking to "spamware" or sites promoting "spamware" of any kind. Collecting or distributing email lists for the purpose of facilitating spamming activities. Spamming CyberWiz technical support or any other CyberWiz email addresses. Excessive cross-posting in forums and/or newsgroups. Violations of CyberWiz's Terms and Conditions, Sevice Usage Policy, or CyberWiz's Spam Policy may result in legal action against the offender, immediate account termination without notice, barring the offender from future use of CyberWiz services, and imposition of a "cleanup" fee based on the impact of offenders actions. NOTICE: Sending unsolicited email advertisements to or through CyberWiz's computer systems will use or cause to be used CyberWiz's servers located in California. Any unauthorized use of CyberWiz's computer systems is a violation of the CyberWiz's Terms and Conditions, Service Usage Policy, Universal Spam Policy, and certain federal and state laws, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code, and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties. Please report violations of this Spam Policy to abuse@CyberWiz.com Below is a list of other resources on the internet relating to UCE/UBE (aka spam). SpamCop.net spam.abuse.net JunkEmail.org CAUCE SpamCon Foundation General Terms and Policies T E R M S 1   MIN: CyberWiz has a minimum incident billing time of 4 hours per invoice. Programming rates are based upon a certain minimum number of hours per project. 2   MAX: Projects that are bid over the Max qualify for a lower rate. 3   CONSULTING: Refers all activities associated with a given project that are not programming such as meetings, answering email, telephone calls, consulting with your providers or suppliers - everything but undisturbed programming time. 4   PROGRAMMING: Refers to focused, efficient, undisturbed programming time. 5   Programming Scope PROCESS: CyberWiz works on a Programming Scope and bid process. The programming project is based solely on the final draft Scope and bid. Any deviation from those two documents once they are accepted is billed at the current additional hours rate. Correcting programming modifications made by the client that cause the program to malfunction are billed at the additional hours rate. The Final Scope/Bid is considered to be the entire basis of the programming project. Production of the Scope/Bid is completed only by email to avoid later misunderstandings. Due to our busy/varied schedule bids are valid for only 14 days from the date that they are issued. Our receipt of 50% of the accepted bid amount secures programming services. The balance is due immediately upon delivery of the completed program. A completed program is one where we have completed all items on the original Scope/BID with the exception of any item that is delayed beyond our control due to the client not providing a needed component. In this circumstance, final payment must be made, and the missing component will be integrated as soon as practical once it is provided to us. Clients have one business day to test the completed program after delivery and before payment must be made. Final activation of programs [into the live operational non-compiled source code status] will not be made until the final payment is received. Additional hours are billed weekly with net 5 days terms. Programming will be halted and your programming time slot may be set back should you fail to pay additional programming bills within 5 days. Subsequent to receipt of your 50% deposit, programming will not commence until you have provided all of the required components that we will need to complete the project. These components include items such as: relevant, fully populated up-to-date integrated databases, client-side database templates, base objects for push technology / client side includes, completed lists of required fields in all forms, final decisions for all options allowed in the rfp/bid documents, final graphics which affect any programming consideration [such as table dimensions], merchant accounts, cybercash accounts, webhost accounts, telnet, ftp, smtp and Perl 5.005 access rights, mailboxes and access pathways at the servers root, fax service accounts, and SSL Secure Server Certificate fully installed and operational. We must also have your entire set of HTML templates [you will be charged at the additional hours rate for any missing templates that we must produce in order to complete the programming]. 6   EXTRAORDINARY SERVICES: Refers to services that require us to set aside our regular programming duties and attend to your emergency immediately. Extraordinary service fees also apply to any consulting, installation, or support which the client requires to be performed outside normal business hours and all programming services performed on Legacy retail point-of-sale and video rental software network systems. 7   PRICES: Prices given are examples only and are based upon working with your fully developed and operational website consisting of between 10 and 30 content pages. All services must be quoted based upon your specific needs. 8   PAYMENT: CyberWiz offers the following payment terms to direct customers [most CyberWiz Development Partners offer more liberal general billing services]. Project Payments: New Customers are required to make their initial deposit in the form of a cashier's check drawn on a U.S. Bank to avoid a 10-day delay before project initiation. Customers banking at banks without local branches in Seattle, Washington may be required to make all payments via wire transfer in U.S. Dollars. Billing Services: In order to concentrate our time on programming we use a professional billing service. Please make all payments as directed on your invoice or contact topgeek@cyberwiz.com for information about where to send your deposit or payment. Standard Programming: services are billed against your pre-paid retainer only. Cancelled Accounts: Clients who refuse to make progress or finalization payments as agreed are subject to account cancellation. A cancelled account may be reinstated by paying a reactivation fee of $25 for each day the account was cancelled in addition to all arrears and any early payment discounts previously allowed. 9   MODIFICATION BIDS: Bidding on projects that include modifying existing code require an extraordinary amount of time to familiarize ourselves with the existing code before we are able to determine the amount of time that will be needed to modify the existing code [often including rewriting substandard 'kludge' before we are able to proceed to establishing smooth - efficient code]. Since this research often comprises in excess of 50% of the final bid, CyberWiz must charge a consulting fee in these circumstances. Modification bid fees are billed only against a prepaid retainer for non-established clients. 10   DEVELOPMENT / DELIVERY SERVERS: Common industry standards are that CyberWiz programmers deliver finished programs debugged and installed on the live production server. If your organization requires that we make delivery on a development or testing server, our bid and contract cover fees only through successful delivery on said development server. Client absolutely represents that they have the programming and server management expertise to install advanced Web applications onto the production server, and client assumes all responsibility for moving the Web application and associated objects from the development server to the live production server. Client is not licensed to move the software from the development server to the live production server until CyberWiz has received final payment. Should the client encounter difficulties installing the Web application onto the production server, CyberWiz programmers will be available to assist only at incidental or emergency programming rates - original contract rates do not apply, and actual hours will be billed without first providing an estimate as an estimate would be impossible without first thoroughly analyzing the installation infrastructural differences between the development and production servers. If client desires modifications to existing programs that utilize Web, application, database or other Web services that use and update live data, the entire software system must be removed from service during the modification process in order to avoid data loss. These restrictions do not apply to 99% of our jobs, as we generally do not accept projects that do not include our installing the application on the production server.