Introduction

Cyberverse is committed to and supports the free flow of information and ideas over the Internet. Cyberverse does not actively monitor nor does Cyberverse exercise editorial control over the content of any web site, electronic mail transmission (email), mailing list, news group or any other material created or accessed via Cyberverse services. Cyberverse does however, reserve the right to remove any materials Cyberverse does become aware of, that in Cyberverse's sole opinion, are potentially illegal, could subject Cyberverse to any liability, or violate the policies contained herein. Violation of this Acceptable Use Policy (AUP) may result in the suspension or cancellation of any Cyberverse services.

Policies – Acceptable Use Policy (AUP) This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with Cyberverse, Inc. ("Cyberverse"). If you engage in any of the activities prohibited by this AUP document, Cyberverse may suspend or terminate your account.

Cyberverse's Acceptable Use Policy (the "Policy") is designed to help protect Cyberverse, Cyberverse's customers, and the Internet community in general from irresponsible, or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by Cyberverse. Cyberverse reserves the right to modify the Policy at any time, effective upon posting at http://www.cyberverse.com/policies.html.

Prohibited Uses of Cyberverse Systems and Services:

Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, 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. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through Cyberverse's servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on Cyberverse's servers, is prohibited. Cyberverse accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Cyberverse customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any Cyberverse-hosted domain, or referencing any Cyberverse account, is prohibited. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, or denial of service attacks. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking"). Obtaining or attempting to obtain service by any means or device with intent to avoid payment. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Cyberverse customers or end-users by any means or device. Knowingly engaging in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Cyberverse network or on another provider's network. Using Cyberverse's Services to interfere with the use of the Cyberverse network by other customers or authorized users.

Customer Responsibility for Customer's Users Each Cyberverse customer is responsible for the activities of its users and, by accepting service from Cyberverse, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of a Cyberverse customer will be forwarded to the Cyberverse customer's postmaster for action. If violations of the Cyberverse Acceptable Use Policy occur, Cyberverse reserves the right to terminate services with or take action to stop the offending customer from violating Cyberverse's AUP as Cyberverse deems appropriate, without notice.

Please direct any abuse complaints to abuse@cyberverse.com

Policies – Service Level Agreement (SLA)

Cyberverse, Inc. (Cyberverse) is proud to offer an exceptional level of performance, reliability, and service. That is why we are making commitments to our customers in the form of a Service Level Agreement (SLA), which provides certain rights and remedies regarding the performance of the Cyberverse network.

The Cyberverse Service Level Agreement (SLA) guarantees our network/equipment reliability and performance. This Service Level Agreement (SLA) applies to customers of Cyberverse's web hosting, reseller, dedicated server, colocation, e-commerce, and dialup/ dedicated access services.

1) Uptime Guarantee: Cyberverse strives to maintain a 99.99995% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by Cyberverse monitoring systems or Cyberverse authorized/contracted outside monitoring services. If Cyberverse fails to meet its 99.99995% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case-by-case basis. Cyberverse does not credit a full month's service for minor downtime. This would not be financially healthy for Cyberverse, and in turn would only negatively affect the service level Cyberverse provides to you. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, Cyberverse may distribute full month credits, but this is dealt with on a case-by-case basis. Details on how credit amounts are calculated can be found below.

2) Exceptions: Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the Cyberverse network caused by or associated with:

  1. Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (i.e.: fire, flood, earthquake, tornado, etc.), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement.
  2. Telco Failure (i.e.. SBC™ cutting a fiber line somewhere).
  3. Backbone peering point issues (i.e.: UUnet™ having a router go down in San Francisco that wipes out Internet service for the entire West Coast).
  4. Scheduled maintenance for hardware/software upgrades, done between the hours 12am and 4am PST on Sunday morning, or upon 72 hours written notice to client via email.
  5. Software bugs/flaws. (Exploits and bugs may develop that cause security issues or downtime.)
  6. DNS issues not within the direct control of Cyberverse.
  7. Network floods, hacks, D.O.S. attacks from outside parties or individuals.
  8. Failure or error of any Cyberverse monitoring or measurement system.
  9. Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of Cyberverse service(s) in breach of Cyberverse Acceptable Use Policy, by Client or others authorized by Client.

3) Connectivity: Our goal is to make the network available to Client free of outages for 99.99995% of the time. An "outage” is defined as an instance in which Client is unable to transmit and receive IP packets due to a Cyberverse service failure for more than 15 consecutive minutes, excluding service failures relating to Cyberverse scheduled maintenance and upgrades. The Cyberverse network does not include client premises equipment or any Telco access facilities connecting Client's premises to such infrastructure. Cyberverse's goal is to keep Average Round-Trip Latency on the Cyberverse network to 85 milliseconds or less.

Cyberverse defines “Average Round-Trip Latency”, with respect to a given month, as the average time required for round-trip packet transfers between the Cyberverse network and major US backbone peering points during such month, as measured by Cyberverse. Cyberverse's goal is to keep Average Packet Loss on the Cyberverse network to 1% or less. Cyberverse defines “Average Packet Loss”, with respect to a given month, as the average percentage of IP packets transmitted on the Cyberverse network during such month that are not successfully delivered, as measured by Cyberverse.

4) Measurement: Cyberverse will periodically (on average every 10 minutes) monitor Cyberverse network and server availability using software and hardware components capable of measuring application traffic and responses. Client acknowledges that such measurements may not measure the exact path traversed by Client’s Internet connection, and that such measurements constitute measurements across the Cyberverse network but not other networks to which Client may connect. Cyberverse reserves the right to periodically change the measurement points and methodologies it uses without notice to Client. Full network and server reporting will be posted to a location designated by Cyberverse (currently http://www.cyberverse.net/stats/packet) and made available to Client.

5) Hardware Failure: Cyberverse stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. Cyberverse utilizes only name brand hardware of the highest quality and performance. Cyberverse will replace all faulty hardware affecting performance levels of equipment within 12 hours, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will be corrected within two hours of problem identification. Router failure is an exception to this SLA guarantee, and may require on-site Cisco™ engineers or backbone provider emergency personnel to correct the problem. Router failure is governed by current Cyberverse contracts with Cisco™ and backbone providers in regard to the emergency repair service in case of such an issue. Cyberverse will replace all faulty hardware on dedicated servers (rented or leased servers), at no charge to the Client, with an unlimited free replacement policy. This includes parts ordered as upgrades.

6) Credits: Credit requests must be made either on the Cyberverse web site, by filling out the "Service Level Agreement (SLA) Request" form, or by faxing the "Service Level Agreement (SLA) Request" to (213) 624-6702. Cyberverse must receive each request in connection with network/server outages/downtime within 30 days of the occurrence. Cyberverse must receive each request in connection with Average Round-Trip Latency or Average Packet Loss in a calendar month within 30 days after the end of such month. The total amount credited to a Client for Cyberverse not meeting SLA service levels will not exceed the service fees paid by Client to Cyberverse for such services for the period in question. Each validly requested credit will be applied to a Client invoice within 30 days after Cyberverse receipt of such request. Credits are exclusive of any applicable taxes charged to Client or collected by Cyberverse. Upon Client’s request (in accordance with the procedure set forth below), Cyberverse will issue a credit to Client for network/server outages/downtime occurring during any calendar month that are reported by Client to Cyberverse and confirmed by Cyberverse measurement reporting. Such credit will be equal to one day’s worth (1/30th) of the monthly fees paid by Client, (for all service fees paid if network outage, or specific affected service fees paid if individual server downtime) multiplied by each 15 minute period (or portion thereof rounded to nearest 15 minute period) of the cumulative duration of such outage/downtime. If Average Round-Trip Latency on the Cyberverse work for a calendar month exceeds 85 milliseconds, then upon Client's request, Cyberverse will issue a credit to Client equal to one day's worth (1/30th) of the monthly service fees paid by Client for such month. If Average Packet Loss exceeds 1% during a calendar month, then upon Client’s request, Cyberverse will issue a credit to Client equal to one day's worth (1/30th) of the monthly service fees paid by Client for such month.

7) General: Cyberverse reserves the right to change or modify this SLA to benefit the Client upon 30 days written notice to Client. Except as set forth in this SLA, Cyberverse makes no claims regarding the availability or performance of the Cyberverse network or servers. Specific terms/points of this SLA may be adjusted on a case-by-case basis by the specific Service Agreement signed/agreed to by client. In case of difference terms/points in SLA and Service Agreement, the Service Agreement terms/points prevail over this general SLA policy. The Service Agreement signed/agreed by client is above and beyond this SLA, and Service Agreement terms are in affect, including, but not limited to, limitations of liability.

Privacy Policy Statement

This is the web site of Cyberverse, Inc., a California Corporation. Our postal address is:
600 W. 7th Street, Suite 510 Los Angeles, CA 90017

We can be reached via e-mail at corporate@cyberverse.com or you can reach us by telephone at 213-362-0115

For each visitor to our Web page, our Web server automatically recognizes no information regarding the e-mail address, but may recognize domain information.

We collect the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, information volunteered by the consumer, such as survey information and/or site registrations.

The information we collect is not shared with other organizations to help them contact consumers for marketing purposes, and is not shared with other organizations for commercial purposes.

With respect to cookies: We use cookies to record user-specific information on what pages users access or visit.

With respect to Ad Servers: We do not partner with or have special relationships with any ad server companies in regards to selling customer information, banner, or serving of banner ads from our website.

From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will post the policy changes to our Web site to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our Web site periodically. Customers may prevent their information from being used for purposes other than those for which it was originally collected by calling us at the number provided above.

Upon request we provide site visitors with access to a description of information that we maintain about them. Consumers can access this information by e-mail us at the above address.

With respect to security: We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site.

If you feel that this site is not following its stated information policy, you may contact us at the above addresses or phone number.

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