Service policies in place to ensure a quality service for your site.
NYBERWAY provides Internet Presence services to a global market of customers. As such, we have certain legal and ethical responsibilities consisting with the use of our servers and equipment involved in providing these services. To meet our legal and ethical responsibilities to our customers and to ensure each of our customers receives the quality of service that is being paid for, we have to maintain several policies. All customers are obligated to read, agree to, and keep up-to-date on each of our policies. By obtaining and continuing to use our service, you are agreeing to all of the NYBERWAY policies. Please be aware that these policies may change at anytime without advanced notice, though we will notify you of changes. If you have any questions, comments, or concerns with any of our policies, please contact us. We are happy to explain the reasons for any of our policies because these policies are in place to ensure a quality service for your site and the rest of the sites on our servers.
In summary, the following are STRICTLY NOT PERMITTED
on our servers:
- SPAM/UCE, IRC Bots
- Abuse of Scripts or System Resources
- Pornography or sex-related merchandising
- Warez, Hacking/Cracking, MP3 files (including links to/from)
- Hate/Illegal content or files
Please read our policies carefully.
NYBERWAY Affiliates Program:
- Acceptable Usage Policy
- Payment and Cancellation Policy
- No Spam/UCE Policy
- Script Usage Policy
- Bandwidth Usage Policy
- Report Copyright Violations
- Affiliates Program Agreement
, e-mail our sales department and we will send you a cancellation form. Any cancellation request will be effective upon receipt.
Acceptable Usage Policy
Acceptable Usage Policy
NYBERWAY is dedicated to providing an all-round top quality service. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities.
Failure to follow any term or condition will be grounds for immediate account deactivation without notice. NYBERWAY will be the sole arbiter as to what constitutes a violation of any of these provisions.
Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.
To report suspected abuses or any violations of these policies, please contact abuse[at]NYBERWAY.com
NYBERWAY servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots.
The subscriber to NYBERWAY service agrees to indemnify and hold harmless NYBERWAY from any claims resulting from the use of the service that damages the subscriber or any other party.
NYBERWAY will be the sole arbiter as to what constitutes a violation of this provision.
Due to special system and network requirements of adult oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource used to an acceptable level. NYBERWAY shall be the sole arbiter of what is considered to be a high server usage level.
Cgi script sharing with domains not hosted by NYBERWAY.com is not allowed. Any cgi-scripts deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice. See our
Script usage policy.
Payment and Cancellation Policy
Payment and Cancellation Policy
All payments are due prior to the beginning of the month. Generally your billing period starts on the 1st of each month. For each successive period, your contract is renewed automatically unless we are notified otherwise. Billing period is determined by the billing option you chose at the time of ordering. Your billing period also applies to any additional items and services ordered after the initial activation of you account. Fee for such items and services will be prorated so that the start date matches that of the first domain. For payment, we accept MasterCard, Visa or American Express.
NYBERWAY invoices exclusively via e-mail. We DO NOT send out invoices. All credit cards are billed automatically monthly.
Any account whose payment status is not current as of the start of the next billing period is deemed late. Generally, customers are given 5 day grace period after which the account is put on suspension. Reactivation of closed accounts due to delinquency incurs a $9.95 reactivation fee as well as payment of the balance due in full.
To Cancel your account
You may use any of following methods to deliver a written notice of cancellation:
Please email cancel[at]NYBERWAY.com. We will direct you to a form you can use to cancel your account.
When you cancel your account, you will receive a refund equal to any unused portion of your service for which you have pre-paid. You will not receive a refund for time that your account resided on our servers, unless your cancellation is made within the first 30 days of the account sign-up. Setup fees, when applicable, are non-refundable. You are obligated to pay for your account even if you do not use it. Because we have provided you with usernames, passwords, DNS entries, and an IP address, you have the ability to use your account. The fact that you do not do so is not relevant - you are still obligated to pay for the account. Even an unused account uses valuable system resources that could be used for other customers. If you have a past-due balance on your account at the time the account is closed (either by your request or due to non-payment), the remaining balance must be paid within 30 days of when the account is closed. If we do not receive payment on the remaining balance in that time, we will begin efforts to collect any fees owed. We apply a $20.00 collection fee to cover our costs in attempting to collect your debt. If our internal collection efforts fail, we reserve the right to turn the account over to a 3rd-party (either collections agency or attorney) for further action. We also reserve the right to report your unpaid balance to credit reporting agencies as well as ISP/web host information services.
No Spam/UCE Policy
No Spam Policy
To reach its goal of providing the best business class web hosting services to our users, NYBERWAY offers users a full range of commercial hosting services. Abuse of these services is considered a violation of our Terms of Service/AUP ('Contract Agreement' You have executed before the service was started.) One of the most serious abuses is using your account to send unsolicited commercial e-mail, otherwise known as 'spam.' The following are examples of spam and are blatantly contrary to our TOS/AUP.
Inappropriate E-Mail Activities:
Inappropriate Newsgroup Activities:
Commercial e-mail: Defined as sending unsolicited commercial e-mails. This is prohibited. You are not permitted to use your NYBERWAY account or e-mail alias/account of your Virtual Server to send unsolicited commercial e-mail. Using an e-mail address hosted anywhere on NYBERWAY servers to collect responses from unsolicited commercial e-mail is prohibited. This includes using a throw-away, free e-mail account to promote your NYBERWAY account and redirectors for the same account.
- Mail Bombing: Defined as sending large volumes of unsolicited e-mail to individuals from your NYBERWAY account. This is strictly prohibited.
Harassment: Defined as sending threatening or harassing e-mail after being requested to stop, is prohibited. Extremely threatening or harassing e-mail never is allowed.
Newsgroup Spamming: Defined as excessive cross-posting, or posting the same article to several newsgroups. This is prohibited. Generally accepted standards allow no more than 15 newsgroups, or cross-postings, for a single article or substantially similar articles. Such articles may be canceled. You are not allowed to use your NYBERWAY based mail facilities to SPAM the newsgroups.
- Off topic or inappropriate postings: There is no restriction on content, except as defined by each newsgroup. Continued posting of off-topic articles is prohibited. Please note that commercial advertisements are off-topic in the vast majority of newsgroups.
Should you violate NYBERWAY's SPAM Policies, you WILL be charged $200 per hour for the time it takes us to 'clean-up' your SPAM. This shall include but not be limited to the time required to answer e-mail from angry recipients of your SPAM and/or repair of a damaged server due to the 'Mail Bombing' or other actions of the angry recipients in retaliation of your SPAM. You will also be charged $20 per gigabyte of data transfer that your SPAM incurred, including bandwidth used by answers to or complaints about your SPAM. We will invoice this amount and should it not be paid, we will take legal action against you in court, and/or we will contact a collection agency to recover the funds. Please note also that it is now considered a crime to send UCE (unsolicited commercial e-mail) as it falls into the category of 'junk faxes.' NYBERWAY will turn over all names and personal information to the proper local, state, federal, and international officials of any person who violates this policy.
We take a very dim view of SPAM. It is one of the most annoying things encountered on the Internet. Any NYBERWAY client found to be spamming will have his/her account terminated immediately
- no questions asked (we will investigate the report thoroughly before terminating any account). There is no warning or second chance. If we find that you have violated our Acceptable Usage Policy, we will report you and the incident to the proper local, state and federal authorities and will prosecute you to the full extent of the law.
We are not attempting to censor, nor are we attempting to curtail the business of our customers. But as a whole, spamming hurts our members and us more than it helps the one spammer. Do yourself, and us, a favor: PLEASE DON'T DO IT.
If you know of any NYBERWAY client that is or might be violating this policy, please send a message or, if possible, forward the SPAM or UCE in full (including headers) to abuse[at]NYBERWAY.com
Script Usage Policy
Script Usage Policy
NYBERWAY provides our clients with Web Hosting accounts that permit the use of CGI files, PHP scripts, and other executable programs. Because these scripts use much more system resources than standard HTML pages, certain restrictions must be made governing the use of such 'active content' systems. We regret that in many cases we are unable to determine what specific script or application is causing the system resource over-run. Under most circumstances, we are able to pin-point it to the offending account on the system. The following rules apply to all 'active content' files as listed above:
The script must use low system resources. Scripts that consume a large amount of our RAM or processor will be subject to immediate suspension until the owner can be notified and an alternative solution is reached.
Each user account may not use more than 20% of system resources at any given time. If an account is consistently using 20% or greater system resources, the account holder will be warned and if no action is taken on behalf of the account holder the account may be suspended.
The scripts may not interact with any server configuration or hardware. Accounts running these scripts are subject to immediate account termination without refund. The script can not be used or referenced from any other site not hosted by NYBERWAY.
The script must execute in a timely fashion. Any script that uses the processor for more than a few milliseconds is subject to removal.
Any script that appears to be designed specifically to attack or otherwise maliciously affect the server is completely unacceptable, and if such scripts are found in your account the account will be terminated immediately and your actions will be reported to the proper local, state, and federal authorities and legal action will be taken to prosecute the account holder to the fullest extent of the law by NYBERWAY.
Perl-based chat room scripts are strictly prohibited.
Scripts that require high-bandwidth usage, such as non-Perl chat room scripts or banner rotation scripts, will be allowed to run only on our high-end accounts.
Scripts must be kept secure. Unnecessary chmoding scripts to 777 is a violation of this policy. Keeping scripts in a publicly viewable directory (one without a index.html file) is also in violation of this policy. NOTE: If a script will NOT execute with a permission other than 777 (rarely the case) you may contact customer care to get approval for the script which will be given under most circumstances.
Any accounts with scripts found in violation of these policies are subject to future scrutiny of all CGI, Perl, CFM, ASP, and PHP scripts by our System Administrators. If a script is found to be harmful to the system, it will be killed immediately and the account locked down until the account owners have been contacted. Malicious scripts are subject to immediate account termination without refund of any pre-paid monies.
Why do we have this policy?
A Virtual Server is shared. As such, there are many accounts per machine. In all fairness, NYBERWAY cannot allow one or two clients to use all of the System resources on a shared machine and have all other clients on the machine suffer because of it. Excessive CPU usage by one or more clients causes extreme slowness in all areas: FTP, Telnet, Web Sites and more. If the CPU usage gets too far out of hand, all sites hosted on the machine will return Errors and not be accessible in any way.
What happens if I violate this policy?
All accounts that are found to using excessive amounts of system resources will receive an email warning from NYBERWAY. This warning will inform you that there is too much CGI running and it will provide options for reducing the usage or upgrading your server. If you do not reduce the usage within 24 hours of the email being sent, your account will be cancelled.
Bandwidth Usage Policy
Bandwidth Usage Policy
NYBERWAY's bandwidth policy is simple! You are allotted a portion of bandwidth per month to do with as you please. You can use this bandwidth for anything you want besides things not permitted as outline in the
Acceptable Usage Policy. If you go over your allotted amount of bandwidth in a given month, your account will not be suspended or terminated but you will be expected to pay for the additional bandwidth.
NYBERWAY provides a bandwidth estimate figure in your control panel. This is an estimate and is provided from the server level. Actual account bandwidth usage is measured for billing purposes at the port level. This policy exists because many users offer files for download via FTP which is not otherwise measured by the server directly at this time. Please note that because the bandwidth is monitored at the port, any and all traffic for your Web Site is tracked including, but not limited to: FTP uploads and downloads, mail sending and retrieval, normal Web traffic, etc. Everything that is pushed from our server to a third-party's machine is considered bandwidth and will be measured.
We have designed this policy because many users find that hosts offer 'unlimited' bandwidth only to find out that it has a very real bandwidth limit. Further, they place restrictions on what you can use the bandwidth for (i.e. no image galleries because they are a large source of bandwidth consumption). We tell you up-front how much bandwidth you are allocated each month and you have the full amount to use.
It is important to note that many sites don't use more than 1 GB of bandwidth. Your site has to be very popular or very graphic intensive to use more than 1 GB. If you are unsure of your bandwidth usage prior to moving your site to NYBERWAY,
contact us. We would be happy to review your current site statistics with you to help you choose the right package.
Privacy for our customers is extremely important to NYBERWAY. We strongly believe in individual's rights to privacy and that personal information is not a commodity and should not be treated as one. At all times we will never share your personal information with any third parties without your permission.
Your email addresses are not for sale or trade and are strictly guarded. Our Acceptable Usage Policy prohibits our customers from sending unsolicited bulk commercial email (aka 'spam') using our services. If it is brought to our attention that one of our customers is violating this policy, we take steps to stop them and ensure it doesn't happen again. We also do everything within our power to keep non-customers from using our email servers for spam.
All client information such as email, phone numbers, addresses, etc is used only for internal purposes. This contact information is used to get in touch with you when necessary and for announcements and our monthly newsletter. Financial information that is collected is used to bill you for products and services.
Report Copyright Violations
NYBERWAY servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
How to report Copyright Violations:
The Digital Millennium Copyright Act ('DMCA') sets forth the requirements for valid copyright infringement notification. If you would like to notify NYBERWAY of an infringement of your copyright, the DMCA requires that you:
- Send your notification to NYBERWAY CV email address: abuse[at]NYBERWAY.com.
- Include in your notification the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the 'Claimant')
- Identification of the copyrighted work(s) claimed to have been infringed
- Identification of the material claimed to infringe the copyright(s), and enough information for NYBERWAY to locate it
- The Claimant's name, address, and telephone number(s)
- A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent
- A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.