The following Commercial Acceptable Use Policy and Customer Agreement (the “AUP”) applies to any person, entity or business organization (collectively, “you”) who subscribes to, uses or accesses CyLogic, Inc.’s (“CyLogic”) CyDrive service.(the “Service”), including access through both www.cylogic.com and www.cydrive.com . References to CyDrive in this AUP include CyLogic and its subsidiaries and other affiliates.
Collection Costs: If we use a collection agency or attorney to collect money owed by you, you agree to pay the reasonable costs of collection, including, but not limited to, any collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
By accessing the Service, you agree to be bound by all of the following terms and conditions of this AUP as it may be amended from time to time. If you are dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of CyLogic in operating the Service, your sole and exclusive remedy is to discontinue using the Service.
You must provide and are responsible for all computer hardware and other equipment necessary to access or use the Service (“Customer Equipment”).
We reserve the right to deny support for the Service and/or terminate Service if you use a configuration that does not meet our minimum technical or other specifications. If You use your own or non-recommended equipment and it fails to operate and/or causes damage, CyLogic will not be liable whatsoever for any such damage, failure to operate, or failure to attain advertised Internet speeds. We have no responsibility for the operation, support, maintenance or repair of any inside wiring.
We have no responsibility for the operation, support, maintenance or repair of Customer Equipment including, but not limited to, Customer Equipment to which we or a third party has sent software or downloads. You agree that by using the Service, we, or our authorized agents, are authorized to send code updates to the Customer Equipment, including, but not limited to, at any time we determine it is necessary to do so. Such code updates may change, add or remove features or functionality of the Customer Equipment or the Service.
CyLogic does not provide technical assistance for third-party hardware or software, including but not limited to home networks. Any questions concerning third-party hardware or software should be directed to the manufacturer of that product.
You may not alter, modify or tamper with the Service, or permit any other person to do the same in any way that does not have the prior authorization of CyLogic.
The Service is being provided solely for use in your business and any unauthorized access by a third party to any function of the Service, relieves CyLogic of any affirmative obligations it may have, and is in violation of this AUP.
You will not resell or redistribute, nor allow others to resell or redistribute, access to the Service in any manner, except as expressly provided herein.
You are solely responsible for obtaining all required equipment for the use of the Service and for ensuring that you do not otherwise alter, modify or tamper with the Service. As explained in section 2 below, you are responsible for ensuring that all end users of the Service comply with all terms of this AUP, and that includes all users of any network you provide.
CyLogic reserves the right to disconnect or reclassify the Service for failure to comply with any portion of this provision or this Policy.
Any violation of these policies may lead to prosecution under state and/or federal law and/or termination of Customer’s Service.
You are responsible for ensuring that all end users of the Service comply with this AUP. CyLogic may disconnect Service if an end user violates this AUP. You must make contact information publicly available and must respond in a timely manner to any complaints.
You are responsible for any misuse of the Service, whether by authorized or unauthorized end users. You must take all commercially reasonable steps to ensure that others do not gain unauthorized access to the Service. You are solely responsible for the security of (i) any device you choose to connect to the Service, including any data stored or shared on that device and (ii) any access point to the Service.
If you sell or resell advertising or web space to a third party, then you are responsible for the content of such advertising on such web space and the actions of such third party.
You are prohibited from violating or attempting to violate, or allowing others to violate, the security of the Service, or using, or allowing others to use, the Service for illegal purposes. Any violations may result in termination of your account, additional Service fees, prosecution under federal and/or state law and/or civil or criminal penalties to you. CyLogic will cooperate, to the extent permitted by law, with the appropriate governmental, regulatory, and/or law enforcement agencies if a criminal violation is suspected.
Examples of violations include without limitation, the following:
You acknowledge and agree that when using the Service to access any online network or service, there are certain risks that may enable other users to gain access to or use of your equipment. You are responsible for taking and should take all appropriate security measures when using the Service. This includes but is not limited to procuring and installing patches, any and all anti-virus and firewall software/hardware and operating system patches, updates, or supplements that may be necessary for (i) the protection and maximum functionality of your computer and related equipment and (ii) the protection of CyLogic and the Service. For purposes of clarification, CyLogic hereby disclaims any and all responsibility and liability for any damages that may arise from your failure to procure or install security software and/or hardware.
You agree that CyLogic may take other actions to manage or protect the Service to benefit the greatest number of its customers. In addition, CyLogic may, without liability, immediately suspend or terminate access by any customer, with or without notice to you, to manage or protect the Service. CyLogic may take these actions in situations including, but not limited to, where your system becomes infected with any virus, that CyLogic believes, in its sole discretion, may disrupt the performance of the Service for other users. You agree that CyLogic is entitled to damages if any actions of your users interferes with the use of Services by other CyLogic customers.
CyLogic obtains services from and relies upon many other entities to provide the Service to you. Where you access services of other entities through the Service, you agree to and shall abide by the acceptable use policies of such other entities.
The Internet is global. As such, you agree to comply with all local rules regarding online conduct and acceptable content, including without limitation, United States export control laws and/or other federal rules and regulations restricting exports.
The Service may provide links to sites operated and controlled by third parties. CyLogic has no control over such sites and you acknowledge and agree that CyLogic is not responsible for the availability or content on such sites and does not endorse such sites.
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, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CYLOGIC DOES NOT WARRANT THAT THE SERVICE (I) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE OR (III) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS.
You understand and agree that the speed of the Service provided at your site will vary depending upon a number of factors, including your computer system(s) and associated equipment, and other factors such as system capacity limitations, governmental actions, events beyond CyLogic’s control, and system failures, modifications, upgrades and repairs.
NO ADVICE OR INFORMATION GIVEN BY CYLOGIC, ITS AFFILIATES, LICENSEES OR CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES OR AGENTS SHALL CREATE A WARRANTY.
You understand further that, except for information, products or services clearly identified as being supplied by CyLogic, CyLogic does not operate or control any information, products or services on the Internet in any way.
CyLogic’s entire liability and YOUR exclusive remedy with respect to the use of the Service or its software or any breach by CyLogic of any obligation CyLogic may have under this AUPshall be your ability to terminate the Service or to obtain the replacement or repair of any defective software or equipment. UNDER NO CIRCUMSTANCES SHALL CYLOGIC, ITS AFFILIATES, SUBSIDIARIES, AGENTS, LICENSORS OR CONTRACTORS BE OTHERWISE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OR INABILITY TO USE THE SERVICE OR YOUR RELIANCE ON OR USE OF INFORMATION 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. THIS LIMITATION APPLIES WHETHER THE ALLEGED CLAIM IS BASED ON TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF CYLOGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In addition, under no circumstances shall CyLogic be liable for any lost data or content, files or software damage, regardless of cause. CyLogic shall not be liable for damage to property or for injury to any person arising from the installation, maintenance or removal of equipment, software, wiring or the provision of services.
Upon the request of CyLogic, you further agree to defend, indemnify and hold harmless CyLogic and its employees, agents, contractors, officers and directors from any and all liabilities, claims costs and expenses, including reasonable attorneys’ fees, related to your use of or access to the Service or your violation of any terms and/or conditions of this AUP. CyLogic reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with CyLogic in asserting any available defenses.
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) is protected by copyrights, trademarks and other intellectual property and proprietary rights worldwide, in all media and technologies, and your use of the Service and the materials thereon is subject to CyLogic’s licensor rights, as well as the terms of this AUP. All rights not expressly granted herein are reserved. You agree to use the Service only for its intended use and CyLogic grants you a nonexclusive, nontransferable license to use the Service for those purposes.
Your license to use any service or product provided by CyLogic and its licensors is contingent upon your compliance with all use and other restrictions contained in this agreement and AUP. Except as otherwise expressly provided by law, you will not copy (except for personal and noncommercial use), modify, distribute, transmit, display, perform, license, create derivative works from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code transfer or sell assign, sublicense, grant a security interest in or otherwise transfer any right in the Service or any information, trademarks, service marks, software, or services obtained from the Service. All trademarks, names and logos mentioned herein are the property of their respective owners. CyLogic’s trademarks may not be used by you without CyLogic’s written consent.
13.1. Customer Right to Terminate the Service: Email termination submissions to CyLogic shall not constitute effective notice. Upon termination, you agree to pay any outstanding account balance to CyLogic within ten (10) days of termination of account. If you do not pay any outstanding account balance within ten (10) days of the date of termination of your account, HBC will add an interest charge of 1% per month to your account balance. If YOU cancel the Service for any reason, CyLogic will not refund to Customer any portion of the monthly charges paid (or to be paid) by YOU for the month in which cancellation occurs.
13.2. CyLogic’s Right to Suspend/Terminate the Service: The Service and all Service features are subject to availability on an ongoing basis. You understand that CyLogic may cease to offer the Service or any Service feature at any time. CyLogic may suspend, disconnect and/or terminate the Service at any time without prior notice if CyLogic believes in its sole discretion that you have:
Failed to pay your bill when due;
Violated this Acceptable Use Policy;
Violated any other provision of the Service Agreement.
If you are disconnected for any reason, you may be charged a reasonable disconnection and/or a reconnection fee.
If CyLogic denies you access to the Service, you shall have no right:
to access through the Service any of your materials or data;
to obtain any refund, including any fees paid to CyLogic; nor
to obtain any credit(s) otherwise due to you, and such credit(s) will be forfeited;
CyLogic shall not be responsible for the notification of such termination to any third-party providers of services, merchandise or information; for any consequences resulting from lack of notification; for the return of data stored on CyLogic’s servers; nor for any lost revenues or profits as a result of such termination.
CyLogic reserves the right to terminate your account following any single AUP violation or multiple violations.
In the event that any portion of this AUP is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.
CyLogic’s failure to insist upon or enforce strict performance of any provision of this AUP shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.
This Agreement and AUP shall be governed by and construed in accordance with the laws of the State of Maryland without regard to its conflicts of law provisions. Any cause of action you may have with respect to the Service must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
These terms may be updated, revised or changed from time to time. Notice of modifications to this AUP may be given by posting such changes to CyLogic’s and/or CyDrive’s websites at https://www.cylogic.com/aup by electronic mail or by conventional mail, and will be effective immediately upon posting or sending. It is your responsibility to check for periodic changes. Your continued use of the Service following the posting or receiving of any revisions or additions to this Acceptable Use Policy (the “AUP”) constitutes acknowledgment and acceptance of such revised or additional terms.
THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHER CUSTOMERS, OR OTHER PERSONS. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS AN ESSENTIAL PART OF THIS AUP AND CANNOT BE SEVERED FROM IT.
Headings in this document are for convenience only.
Any questions regarding the specific terms of this AUP or complaints regarding violations of it by CyLogic customers should be directed to: