Introduction

This document sets forth the rules and guidelines of the Acceptable Use Policy (hereby referred to as the AUP) of Cerberus Interactive, Inc. (hereby referred to as Company). The AUP is required to be accepted by the customer (hereby referred to as Customer) or all of Company's customers (hereby referred to as Customers) before and during the terms of which Company is providing services to Customer. The AUP is to make Customer aware of what can and cannot be done while Company is providing service to Customer. Upon signing up for services through Company (whether it be through design contract or online sign-up), Customer agrees to the AUP in its entirety and any future changes to the AUP. Customer also agrees that this document is not an exhaustive list of policies and rules and that Company may revise this document at any time. This document can be found at http://www.cerberusonline.com/aup.php. Should any change to the AUP be made, it shall be posted at this location and have the date of revision, but Company is not obligated to contact Customer when these changes are made. Company recommends that Customer visit the website listed for the AUP to review any changes. Violation of the AUP may result in the termination of Customer's service. No refunds or credit will be issued for any interruption in service resulting from violations of the AUP.

Any questions about the AUP may be directed via email to aup@cerberusonline.com.

Inappropriate Use of Services

Unacceptable Practices

Company provides Customer with access to various services which may be only used for lawful purposes only. Unlawful activities that violate Local, State, or Federal laws will not be tolerated and will result in immediate cancellation of service. Such examples that will not be tolerated and will result in immediate cancellation of service include but are not limited to child pornography, SPAM abuse, unlawfully distributing copyrighted, pirated, patented or other intellectual property that is not permissible for distribution, attempting to access a computer system or software without authorization (Hacking), pirating, schemes to defraud, defaming a person or business, violating a individual's rights, posting private information about a person or business without consent, or stalking. Company reserves the right to check personal files, email, or any other data for illegal content or materials or any other reasons deemed necessary by Company.

Unacceptable Processes

Certain packages offered by Company allow for higher level of accessibility by Customer. Depending on Customer's contract or hosting terms and conditions, non-standard processes might or might not be permissible. As such, if Customer runs non-standard processes when the contract or hosting terms and conditions do not allow for such activity, Customer is in violation of the AUP. Company will disable the unauthorized process and reserves the right to terminate Customer's account.

There are certain processes, however, that absolutely are not permitted through any contract or hosting plan. These processes include IRC clients and/or servers, IRC bots, chat rooms, or any other processes not approved for use by Company.

If in doubt about which processes or applications are permissible for use, please contact the support department via email at support@cerberusonline.com.

Spamming

Email services provided by Company must be used strictly for personal purposes and not for unwanted advertisement (SPAM). Customer will have their account suspended and/or terminated if found sending mass emails to unwilling recipients as well as sending any other form of advertised spamming (i.e.: mail spam, pop-up spam, selling/buying spamware, etc.). Company reserves the right to determine any activities as SPAM or not.

Responsibility Guidelines

Account Security Guidelines

The following is a non-exhaustive list of procedures Customer should follow to protect their account(s) from unauthorized access. This list of procedures is hereby referred to as Account Security Guidelines:

• Use strong passwords. Strong passwords are at least 8 characters in length and use both alphanumeric and non-alphanumeric characters in random sequence.
• Change the password completely every month. This means changing every character in the password and not just a number, letter, or special character.
• Do not give usernames or passwords to any unauthorized or untrusted person(s).

Customer is liable for unauthorized access to Company's servers or applications via the Customer's account(s) if Customer neglects to or inappropriately follows the Account Security Guidelines. Please contact the support department via email at support@cerberusonline.com with any questions regarding how to properly follow the Account Security Guidelines.

Security Responsibilities

Customer is responsible for maintaining their account(s) provided as part of service from Company. Any incidents where unauthorized individuals obtain access to Customer's account(s) are investigated. Company is not responsible for Customer data loss as a result of neglecting or inappropriately following the Account Security Guidelines.

Customer is liable for any data loss of any data besides their own if unauthorized individuals gain access through Customer's account(s) due to Customer neglectfully or inappropriately following the Account Security Guidelines.

Shell/FTP Access Guidelines

Shell Access

Certain hosting packages or contracts provide Customer with shell access. With such access, Customer gains access to programs and utilities installed on the servers. Attempt to use programs that are restricted for administrative use only is prohibited. All shell activity is logged. Customer must respect the use and privilege of shell access. Any unauthorized processes started by Customer will be terminated immediately. If Customer continues to abuse shell use, their shell access and/or service will be terminated.

FTP Access

Anonymous FTP access is prohibited. FTP access is not to be used for providing anonymous access to the server and is not to be used for providing the ability to download copyrighted material. Customer will have their FTP access and/or service terminated if Customer uses the FTP services for uploading and downloading copyrighted or illegal materials or allowing anonymous people to transfer files freely.

Payment for Service

Paying for services

All payments are due before Services are rendered. Bills for Service are sent out the first day of every month and are expected by the 5th day of the month. If payment is not received on or before the 5th day of the month, a late fee of 10% is rendered to Customer. If Customer continues to neglect payment and Company does not receive payment by the 5th day of the month, Customer's account will be suspended. On the 10th day of failure to receive payment, Customer's service will be terminated. If a Customer no longer requires service, we request the Customer submit a support ticket to cancel service. There are no refunds for unused service.

Payment Forms Accepted

We accept payment via PayPal (online checks and Credit Cards accepted), Check, Cashiers Check or Money Order. Payment must be received by the 5th day of the month to be considered on-time. Checks that are received will be processed in as timely fashion as possible; however, any checks that bounce or have insufficient funds will result in Customer being assessed a $25 fee.

Service Changes

Customer may change their service at anytime.[1] Setup fees and prorated service charges will apply. Customer must contact the billing department with inquiries of what charges will be incurred before requesting a change of service.

Canceling Service

Non-contract Customers may cancel their service at anytime. No refunds on unused service. Contract Customers are in breach of contract by canceling early and will be subjected to appropriate fees according to their contract.

Service Level Agreements and Refund Policies

Uptime

Company guarantees 99.9% network and hardware uptime. Access to certain tools such as SophusTM, cPanel, or other applications that allow administration of Customer's account is not guaranteed by the uptime guarantee. Website availability, however, is covered under the uptime guarantee. However, downtime and website unavailability due to outages that affect only certain networks, are not covered under this guarantee. Our services are considered down when there is complete unavailability of the website across all of the Internet.

Refunds

Company guarantees 99.9% uptime. In the event that Company does not meet the 99.9% uptime guarantee, Customer is eligible for a refund prorated for the amount of downtime experienced.

Additional Terms

Ownership of Materials

All content on this site and affiliated sites are the exclusive property of Company unless otherwise noted.

LIABILITY:
IN NO EVENT WILL Company BE LIABLE TO CUSTOMERS FOR ANY CONSEQUENTIAL, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL DAMAGES OR ANY LOSS OF PROFIT, REVENUE, DATA OR GOODWILL WHETHER INCURRED OR SUFFERED AS A RESULT OF UNAVAILABILITY OF THE SERVICES, PERFORMANCE, NONPERFORMANCE, NEGLIGENCE, TERMINATION, BREACH OR ACTION OR INACTION UNDER THIS AGREEMENT EVEN IF CLIENT ADVISES Company OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATION ON LIABILITY, HOWEVER, SHALL NOT RELIEVE Company FROM LIABILITY FOR DIRECT DAMAGES ARISING SOLELY OUT OF Company's GROSS NEGLIGENCE OR WANTON OR WILLFUL MISCONDUCT IN PERFORMANCE OF THE HOSTING SERVICES.

[1] Restrictions apply. Contract customers may not apply. Please contact billing department to find eligibility for service changes.