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Cyber Wurx LLC – Terms of Service

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 may apply a price increase of up to five percent (5%) 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. 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.

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.

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 or class-wide arbitration.

16. 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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