TERMS OF SERVICE [TOS]

DESCRIPTION OF SERVICE
Web services provided or facilitated by CyberZones (CyberZones.com) such as Web Development, Programming, Web Design, Graphic Design, including third party applications & services such as Web Hosting, Database Hosting & Administration, Mailing Lists, E-Commerce Application Modules, Payment Processing Services, Merchant Accounts etc. Service & and web access may involve third party fees (such as Internet service provider or usage charges). You are responsible for those fees.

BILLING
You agree to pay the fees associated with services provided by CyberZones or third parties as agreed upon.

USER CONDUCT
You agree to not use the Service to upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.

SPAM/UCE POLICY
Sending bulk unsolicited commercial email in relation to your site/system is prohibited.
Violation of the SPAM/UCE policy may result in the termination of your hosting account.

INDEMNITY
You agree to indemnify and hold CyberZones, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

PROPRIETARY SOFTWARE
You agree that you have no right or claim to the Service's code or technology. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by CyberZones, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on this Service, in whole or in part.

NO WARRANTEES
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS BEING PROVIDED "AS IS, WITH ALL FAULTS," AND THAT CYBERZONES DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE USEFULNESS, ACCURACY, COMPLETENESS, FEASIBILITY OR RELIABILITY OR EFFECTIVENESS OF THE SERVICE OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. Without limiting the previous statement, CyberZones hereby disclaims all warranties of title, non-infringement, implied warranties of merchantability or fitness for a particular purpose in connection with the Service.

IN NO EVENT SHALL CYBERZONES BE LIABLE FOR ANY FAILURE, DISRUPTION, DOWNTIME, INTERRUPTION, MISCALCULATION, INCORRECT LINKAGE, LOSS OF DATA, DELAY, INACCURACY OR OTHER NONPERFORMANCE OF THE SERVICE OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF THE SERVICE.

You agree that regardless of the form of any claim you might have, your sole remedy with respect to any claims made against CyberZones relating to this agreement shall be limited specifically to reimbursement of payments made for the services rendered under this agreement.

CyberZones may periodically make the system unavailable for routine maintenance, upgrades, or repairs without liability.

LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CYBERZONES, ITS EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR SUBCONTRACTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CYBERZONES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) DAMAGES RESULTING FROM A THIRD PARTY UNLAWFULLY ENTERING THE SUPPORTING WEB SERVER OR ON-LINE SYSTEM AND ACCESSING, ALTERING, OR DESTROYING DATA; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE.

CHANGES TO TERMS OF SERVICE
Changes to billing procedures will be communicated via the email you provide for use with this Service. CyberZones reserves the right to change any of the other sections of the Terms of Service without notice at any time. You may not make any modification to these terms that will be binding upon CyberZones unless it is made in writing and signed by both parties.

JURISDICTION AND AGREEMENT
The TOS constitute the entire agreement between you and CyberZones and governs your use of the Service. This agreement shall be governed by the substantive laws of the State of California without regard to conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marin, CA. These terms constitute the entire agreement with respect to its subject matter and supersede all prior or contemporaneous agreements, representations, warranties and understandings of such parties (whether oral or written). The failure of CyberZones to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.