Terms of Service

Last Updated: August 1, 2026

Table of Contents

1. Introduction

This Terms of Service Agreement (“Agreement”) sets out the rights and responsibilities between Cyber Wurx LLC (“Cyber Wurx,” “we,” “us,” or “Provider”) and you (“Customer”). By using our services, you agree to comply with this Agreement, along with our Acceptable Use Policy (AUP) and Privacy Policy.

This Agreement supersedes any prior agreements (written or oral) and may be updated from time to time. Continued use of our services means you accept any changes.

2. Eligibility

  • You must be at least 18 years old to hold an account.
  • If you are under 18, a parent or guardian must accept this Agreement on your behalf.

3. Services & Modifications

  • Cyber Wurx may update or change services at any time.
  • We may suspend or terminate services if you violate this Agreement, our AUP, or applicable law. Refunds will not be issued in such cases.

4. Privacy

We value your privacy. Personal information is collected, used, and shared only in accordance with our Privacy Policy.

5. Billing & Payment

  • Services are billed monthly in advance (1st of the month to the last day of the month).
  • Payment methods accepted: credit card, ACH, PayPal (fees apply), check, or wire transfer (fees apply).
  • Late payments may result in suspension or termination. Unpaid balances accrue 18% annual interest plus collection costs.
  • Returned payments (ACH/check) are subject to a $25 fee.

Price Adjustments: Cyber Wurx’s standard annual price adjustment is five percent (5%), applied once per calendar year effective at the beginning of the year, to account for inflation, rising facility and utility costs (including power and cooling), network expenses, and continued infrastructure investments. In some cases, the adjustment applied to a given account may exceed five percent. Customers under a written contract with fixed pricing during the contract term will not be subject to such increases until renewal.

6. Refunds & Cancellations

30-Day Money Back Guarantee:

  • Excludes setup fees, domain registrations, add-ons, bandwidth overages, billable support, and control panel licenses.
  • Refunds must be requested via our online cancellation form within 30 days of account activation.

Cancellations:

  • Must be submitted via our online cancellation form at least 3 business days before the next billing cycle.
  • Phone or email cancellations will not be accepted.

7. Service Levels & Guarantees

99.9% Uptime Guarantee:

  • If downtime exceeds 15 consecutive minutes due to Cyber Wurx infrastructure failure, you may request a credit.
  • Credits are limited to a maximum of 7 days of service per month and must be requested within 2 business days.

Exclusions:

No credits for outages caused by:

  • Customer equipment/software
  • Third-party services or off-network issues
  • Scheduled maintenance
  • Force majeure events (natural disasters, war, government action, etc.)

8. Customer Responsibilities

  • You are solely responsible for maintaining backups of your data. Cyber Wurx may provide backup tools, but we do not guarantee them.
  • You are responsible for securing your accounts, passwords, applications, and content hosted on our infrastructure.
  • You agree to use only properly licensed software.
  • You are responsible for compliance with all applicable laws, including data protection and privacy requirements.

9. Acceptable Use

You agree to use services in compliance with our Acceptable Use Policy. Prohibited uses include unlawful activity, spamming, security breaches, and resource abuse.

10. Security & Data Management

  • Services are provided “as is” and “as available.”
  • Cyber Wurx makes no guarantees against loss of data.
  • We may take systems offline if necessary to maintain network stability.
  • Data handling after termination: Following cancellation or termination of your services, any customer data remaining on Cyber Wurx-managed infrastructure may be retained for up to fifteen (15) days to allow retrieval, after which it will be securely deleted and will no longer be recoverable. You are responsible for exporting or backing up your data before your account closes. Cyber Wurx has no obligation to retain, produce, or reconstruct customer data after this period. Customer-owned equipment in colocation is governed instead by the equipment-removal terms in Section 12.

11. Indemnification & Liability

  • You agree to indemnify and hold Cyber Wurx, its employees, officers, and affiliates harmless from any claims related to your use of the services.
  • Cyber Wurx is not liable for indirect, incidental, or consequential damages.
  • Limitation of Liability: Our total liability for any claim will not exceed the amount you paid us for the affected service in the three (3) months immediately prior to the claim.

12. Suspension & Termination

  • Suspension: We may suspend services temporarily if you violate this Agreement, our AUP, or for late payment, until the issue is resolved.
  • Termination: We may terminate services permanently for repeated or severe violations, or for nonpayment beyond 5 days past due.
  • Equipment removal (colocation): When your colocation service is cancelled or terminated, you must remove your equipment and vacate your cabinet, cage, or rack space within 30 days. After that, we may remove, store, or dispose of any equipment left behind, at your expense.

13. Compliance Disclaimer

Unless otherwise agreed in writing, Cyber Wurx does not guarantee that services are compliant with industry-specific regulations such as HIPAA, PCI-DSS, or similar frameworks. Customers are solely responsible for ensuring their own compliance requirements are met.

14. Force Majeure

Cyber Wurx is not liable for delays or failures caused by events beyond our reasonable control, including but not limited to natural disasters, utility failures, labor disputes, terrorism, war, pandemics, or government actions.

15. Dispute Resolution

  • This Agreement is governed by the laws of Georgia, United States.
  • Any disputes arising under this Agreement will be resolved in the state or federal courts located in Fulton County, Georgia.
  • To the fullest extent permitted by law, you waive participation in class action lawsuits.

16. Copyright Infringement & DMCA Notices

Cyber Wurx respects the intellectual property rights of others and expects its customers to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, we will respond to properly submitted notices of alleged copyright infringement concerning material hosted on our infrastructure, and we will remove or disable access to material as required.

Designated Agent:

Notices of claimed infringement should be directed to our Designated Agent:
Cyber Wurx LLC, Attn: DMCA Agent
55 Marietta St Suite 1600, Atlanta, GA 30303
Email: abuse@cyberwurx.com

Notice Requirements:

To be effective, a notice of claimed infringement must be a written communication that includes substantially the following (see 17 U.S.C. § 512(c)(3)):

  • A physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf.
  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the material claimed to be infringing, with information reasonably sufficient to let us locate it (for example, the URL or IP address).
  • Your contact information, including mailing address, telephone number, and email address.
  • A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

Counter-Notification:

If material you posted was removed or disabled because of a notice and you believe this was the result of mistake or misidentification, you may submit a counter-notification to our Designated Agent containing the elements required by 17 U.S.C. § 512(g)(3), including your consent to the jurisdiction of the federal district court for the district in which your address is located (or, if your address is outside the United States, the Northern District of Georgia). We may restore the material 10 to 14 business days after receiving a valid counter-notification unless the complaining party first notifies us that it has filed an action seeking a court order.

Repeat Infringers:

Cyber Wurx will, in appropriate circumstances, suspend or terminate the accounts of customers who are repeat infringers.

17. Miscellaneous

  • If any provision of this Agreement is found unenforceable, the remaining terms remain in effect.
  • Failure to enforce any part of this Agreement does not waive our rights.

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