Terms of Service

CyberVision Terms of Service

The terms and conditions described in this document apply to the API service of CyberVision provided by the companies, which own CyberVision.com – CyberVision Network, a Canadian company headquartered in Surrey, British Columbia. (referred to as CyberVision hereinafter for the sake of brevity) to the customer of the Reseller Hosting Program (referred to as Reseller hereinafter for the sake of brevity) on the one hand, and to the customer’s website working with the API (referred to as site hereinafter for the sake of brevity) on the other.

1. REQUIREMENTS FOR ACTIVATION OF THE API SERVICE:

   1. Reseller willing to activate the API Service should order activation of the service through the Reseller Control Panel. The Reseller is eligible to use this service, and will therefore gain access to the functionality, if the Reseller has presented a valid address (URL) of the site and meets one of the following requirements:
      
      1. The Reseller should have at least two existing web hosting customers with active accounts beyond the 30-days money back guarantee period and not expiring in the next 60 days.
      2. The Reseller should have a minimum of $100 USD deposited into the Reseller’s Wallet account.
      3. The Reseller must read and agree with the Data Processing Agreement.
   2. After the API activation is ordered from the Reseller’s Reseller Control Panel, the site address presented by the Reseller is to be validated by a Customer Service member of CyberVision who will activate the Service.
   3. Resellers who fail to meet the afore-cited requirements can obtain activation of the API service only at the ultimate discretion of CyberVision.

2. THE PROVIDER MAKES AVAILABLE THE SERVICE, AND THE Reseller ACCEPTS TO UTILIZE THE SERVICE UNDER THE FOLLOWING CONDITIONS:

   1. The Reseller will utilize the API service only for the Internet address (domain name) presented in the Reseller Control Panel. Utilization or re-direction of the Service for another website will be considered as violation of these Terms & Conditions and will consequently lead to termination of the Service.
   2. The Reseller agrees to be bound by the Terms & Conditions, as regards the building, updating and supporting of the site with the API Service, as well as make respective changes in the event of modification or any kind of alteration of the Terms & Conditions and the Data Processing Agreement.

3. TECHNICAL REQUIREMENTS FOR THE RESELLER SITE:

   1. When building and working with the site, the Reseller must use API requests consistent with the instructions and requirements described in the CyberVision API Documentation:
      
      1. The API requests must follow the prescribed in the Documentation syntax order.
      2. Sending an API request, the Reseller must cache the result for at least the minimum period of time pointed in the TTL parameter of the result.

4. CONTENT REQUIREMENTS FOR THE RESELLER SITE:

   1. On the Reseller’s site cannot be published any illegal content or content considered inappropriate otherwise (at the ultimate discretion of CyberVision), as well as any content the publication of which is prohibited by the Web Hosting Terms of Service of CyberVision.
   2. It is the ultimate duty of the Reseller to comply the site content with the Web Hosting Terms of Service of CyberVision, and to publish up-to-date version of the latter on a highly visible place of the site.

5. BILLING METHOD REQUIREMENTS FOR THE RESELLER SITE:

   1. The Reseller is allowed to use a billing system of his/her own. If/when using the billing system of the provider, the Reseller is allowed to create an Order page of his/her own.
   2. Reseller willing to use own billing system agrees to:
      
      1. Publish up-to-date version of the Web Hosting Terms of Service of CyberVision at a highly visible place on the Order page of the site.
      2. NOT use/publish on the site (including on the Order page of the site) any contact forms/details of the provider (live chat, telephones, emails, etc.).
      3. Maintain bottom credit level of the Reseller Wallet account equal to the wholesale price of the most expensive hosting plan offered on the Reseller’s web store site.
   3. Reseller willing to use the billing system of the provider agrees to:
      
      1. Publish at the footer section of the site’s Order page up-to-date version of the Web Hosting Terms of Service of CyberVision.
      2. Publish at the footer section of the site’s Order page up-to-date version of the Cancellation/Refund Policy of CyberVision.
      3. Display at the bottom of the site’s Order page a banner promoting the used billing processors.
      4. Display at the bottom of the Order page contact info of the provider, namely:- the company name of the providers of the Service – CyberVision Network.- the company address of the providers of the Service (you can see the addresses of both companies in item ‘X.3’)

         – contact telephones of the provider,

         – contact emails of the provider.

6. TERMINATION OF THE SERVICE:

   1. The provider reserves its right to terminate the provision of the Service in the event of violation of any of the afore-cited conditions and requirements.
   2. The provider reserves its right to be the final judge in terminating the Service temporary or permanently, at its sole discretion, and inform the Reseller by email not later than 30 days thence,- or inform the Reseller by email not later than 7 days thence, in cases when the reason for the termination is handling a technical or other type of problem on the provider’s side- or inform the Reseller by email on the day of termination, in cases when the reason for the termination is infringement, fraud, or other illegal action on the Reseller’s side.

7. FORCE MAJEURE CIRCUMSTANCES

   CyberVision will be in an off-liability position in the event of failure or delay in doing its professional duties as a result of circumstances beyond its control. Such circumstances can occur in consequence of acts performed by governmental bodies, war, rebellion, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware, or inability to obtain raw materials, supplies or power used in or equipment needed for provisioning the Services.

8. COPYRIGHTS

   Copyrighted material must not be placed on Customers’ accounts (Reseller site) without the permission of the copyright owner or people that are explicitly authorized by the copyright owner. Only copyright owners or people explicitly authorized by them may upload copyrighted material to the account.

   Upon our receipt of notice of a claimed copyright infringement containing the above information, after confirmation we will promptly remove the allegedly infringing material from the Services and carry out further procedures if necessary. We will assume no liability to any Customer of the Services for the removal of any such material.

   Please report any violations of the Terms of Service and the Domain Name Dispute Resolution Policy to support@cybervision.com

9. ASSIGNMENT AND INTEGRITY OF AGREEMENT

   Customer shall not have the right to assign this Agreement without the written permission of CyberVision. This Agreement shall be in force and effect to the total benefit of the Customer and CyberVision and their successors and permitted assigns.

   This agreement constitutes the whole act of convention between the parties with regard to the agreement signed between them. It is not subject to any amendments, modifications, or any other alterations with the exception of changes introduced through a written instrument that is signed by the party to be charged.

   1. This Agreement shall be interpreted in consistency with the laws of the Province of British Columbia.
   2. This Agreement shall be in force and effect entirely to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. – The captions and headings contained in this Terms & Conditions are aimed at facilitating the text comprehension. They are not a part of the very Agreement, and shall not limit or construe the provision they refer to. This Agreement may be executed in counterparts, which will be considered as original.