Updated: January 1, 2007
1. INTRODUCTION
Welcome to the internet sites of Cybertech Internet (The "Sites"). The sites are collectively referred to herein as "we",
"us" or "our".
Please read these terms of use carefully before using any Cybertech site. By using any Cybertech site, you signify your
agreement to these terms of use. If you do not agree to these terms of use, you may not use any of the Cybertech sites. We reserve
the right, in our sole discretion, to change, modify, add or delete portions of these terms of use at any time in accordance with
the procedures set forth below.
2. CONSIDERATION
You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which
are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation,
your use of the Cybertech sites and receipt of data, materials and information available at or through the Cybertech sites, the
possibility of our review, use or display of your submissions and contributions, and the possibility of publicity and promotion
from our review, use or display of your submissions.
3. REGISTRATION INFORMATION, SECURITY AND PRIVACY
You understand that through your use of the services you consent to the collection and use of this information, including the transfer
of this information for storage, processing and use by Cybertech and its affiliates. You will receive a password and account designation
upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and are
fully responsible for all activities that occur under your account or password. You agree to immediately notify Cybertech of any
unauthorized use of your account or password or any other breach of security, and ensure that you exit from your account at the end
of each session. Cybertech cannot and will not be liable for any loss or damage arising from your failure to comply with this.
4. PUBLIC FORUMS AND COMMUNICATION
You understand that all information, data, text, software, video, audio, photographs, graphics, messages, tags, or other materials
("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content
originated. This means that you, and not Cybertech, are entirely responsible for all Content that you upload, post, E-Mail, transmit
or other make available via Cybertech's services. Cybertech does not control the Content posted and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand that by using Cybertech services, you may be exposed to Content that
is offensive, indencent or objectionable. Under no circumstances will Cybertech be liable in any way for any Content, including, but
not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any
Content posted, E-Mailed, transmitted or otherwise made available via Cybertech's services.
You agree not to use any of Cybertech's services to:
- Upload, post, E-Mail transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing,
defamatory, libelous, invasive of another's privacy, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a Cybertech official, forum leader, guide or host, or falsely
state or otherwise misrepresent your affiliation with a person or entity;
- Upload, post, E-Mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials,
"spam", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas that are designated for such
pruposes, such as classifieds and for-sale forums;
- Interfere with or disrupt any of Cybertech's services, servers or networks, or disobey any requirements, procedures, policies
or regulations of networks connected to any service;
- Provide material support or resources to any organizations designated by the United States government as a foreign terrorist
organization pursuanet to section 219 of the Immigration and Nationality Act; and / or
- Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the
paragraphs above.
5. DISCLAIMER
The information, content and materials on the Cybertech sites are provided "as is", without warranties of any kind, either
express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied,
including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement. We
do not warrant that the functions contained in information, content and materials on any Cybertech site (including, without
limitation, user-generated content) will be uninterrupted or error-free, that defects will be corrected, or that any Cybertech
site or the servers that make such information, content and materials available are free of viruses or other harmful components.
You hereby irrecovably waive any claim against us with respect to information, content and materials contained on our sites
(including, without limitation, user-generated content), on third party sites, and any information, content and materials you
provide to such third party sites (including, without limitation, credit card and other personal information). We strongly
encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline
transaction with any of these third parties.
6. INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality of your username(s), password(s) and your account(s), as well
as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees,
distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers,
distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners,
employees, agents representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any
and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and
expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with
any claim arising out of any breach by you of these terms of use or claims arising from your account(s). You shall use your
best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate
counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
7. LIMITATION OF LIABILITY
You expressly understand and agree that Cybertech and its subsidiaries, affiliates, officers, employees, agents, partners and
licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including,
but not limited to, damages for loss of profits, use, data or other intangible losses, even if Cybertech has been advised of the
possibility of such damages, resulting from the use or the inability to use any service, unauthorized access or alteration of your
transmissions or data, statements or conduct of any third party on the services, or any other matter relating to the services.
8. TERMINATION
You agree that Cybertech may, under certain circumstances and without prior notice, immediately terminate any accounts created or
operated by you on any of Cybertech's sites. This includes, but is not limited to, any associated E-Mail address, stored information
or data and information. Cause for such termination shall include, but not be limited to, breaches or violations of the Terms or
other incorporated agreements or guidelines, requests by law enforcement or other government agencies, a request by you, discontinuance
or material modification to the affected service or services, unexpected technical or security issues or problems, extended periods
of inactivity, engagement by you in fraudulent or illegal activities, or nonpayment of any fees owed by you. Further, you agree that
all terminations for cause shall be made in Cybertech's sole discretion and that Cybertech shall not be liable to you or any third
party for any termination of your account, any associated E-Mail address, or access to any service.
9. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Cybertech respects the intellectual property of others, and we ask our users to do the same. Cybertech may, in appropriate
circumstances and at its discretion, disable and / or terminate the accounts of users who may be repeat infringers. If you believe
that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been
otherwise violated, please provide Cybertech's Copyright Agent the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual
property interest.
2. A description of the copyrighted work or other intellectual property that you claim has been infringed.
3. A description of where the material that you clam is infringing is located.
4. Your address, telephone number, and E-Mail address.
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent,
or the law.
6. A statement by you, made under the penalty of perjury, that the above information in your Notice is accurate and that you are
the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Cybertech's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Copyright Agent
c/o Cybertech Internet
6742 Forest Hill Blvd.
Suite 278
West Palm Beach, FL 33413
By phone: (888) 652-3737
10. GENERAL INFORMATION
Choice of Law and Forum. The Terms and the relationship between you and Cybertech shall be governed by the laws of the
State of New York without regard to its conflict of law provisions. You and Cybertech agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of New York, New York.
Waiver and Severability of Terms. The failure of Cybertech to exercise or enforce any right or provision of the Terms
shall not constitute a waiver of such right or privision. If any provision of the Terms is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties'
intentions as reflected in the privision, and the other privisions of the Terms in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Cybertech account is non-transferable and any
rights to your account or contents within your account terminate upon your death. Upon receipt of copy of a death certificate,
your account may be terminated and all contents therein permanently deleted.
Statue of Limitations. You agree that regardless of any statue or law to the contrary, any claim or cause of action arising
out of or related to the use of any service, or the Terms, must be filed within one (1) year after such claim or cause of action
arose or be forever banned.
11. VIOLATIONS
Please report any violations of these Terms to our customer care group:
By mail:
Customer Care
c/o Cybertech Internet
6742 Forest Hill Blvd.
Suite 278
West Palm Beach, FL 33413
By phone: (888) 652-3737