CYPRESS Internet Inc., hereinafter referred to as CYPRESS
CYPRESS MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, FOR THE SERVICES IT IS PROVIDING. CYPRESS ALSO DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CYPRESS WILL NOT BE RESPONSIBLE FOR ANY DAMAGE SUFFERED FROM THE DIRECT OR INDIRECT USE OF ITS SERVICES. This includes loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence or your errors or omissions. Use of any information obtained via CYPRESS is at your own risk. CYPRESS specifically denies any responsibility for the accuracy or quality of information obtained through its services.
You expressly agree that use of this service is at your sole risk, and that CYPRESS SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS AND ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR USE, OR INABILITY TO USE, OR YOUR CUSTOMERS USE OF THE SERVICES. FURTHERMORE CYPRESS WILL NOT BE RESPONSIBLE FOR OR LIABLE FOR ANY COSTS OR EXPENSES INCURRED OR SUSTAINED BY YOU AS A RESULT OF A CLAIM ASSERTED BY ANY OTHER PERSON OR ENTITY AGAINST YOU.
CYPRESS services may only be used for lawful purposes. Transmission of any material in violation of any US or state regulation is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. You agree to indemnify and hold harmless CYPRESS from any claims resulting from your use of the service which damages you or any other party.
CYPRESS services under this agreement are provided for your organization only. You expressly agree that you will not sell, resell, lease, give or allow use of these services to any third party.
CYPRESS has the right at its discretion to decline to publish, or to omit, suspend or change the position of any information otherwise accepted for publication. CYPRESS will not be responsible for any loss of artwork, photographs or other materials and you warrant that you have retained sufficient copies of sufficient quality and quantity for whatever purpose.
This is an offer to provide services, and acceptance is expressly conditioned upon your acceptance of these terms and conditions and only these terms. These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted, Use of CYPRESS services constitutes acceptance of this Terms and Conditions.
You agree to settle any dispute arising from this agreement through binding arbitration supervised by an arbitrator appointed by the American Arbitration Association. This service agreement shall be construed and governed in accordance with the laws of the State of California. Should any term of this agreement be declared void or unenforceable by a court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
Unless the payment for services is paid in its entirety in advance, you will remit payment of invoice before the next month’s service (payment in advance of service, not in arrears). If payment is not received before the next month’s service then service could be cancelled with or without warning. If your payment is returned to us unpaid you are immediately in default and subject to a returned check charge of $25 from us. On unpaid / closed accounts the amount reflected on the unpaid invoice will incur interest charges at the rate of one and one half percent per month from the date due until receipt by CYPRESS of payment in full, plus all costs of collection, including attorneys’ fees or collection agency fees, if collected by or through the efforts of an attorney or collection agency.
CYPRESS reserves the right to deny access to any user; however the disclaimers and limits of liability above shall survive termination for any reason.
Any notice or other communication required by this agreement must be in writing and will be considered to have been given once it is sent by prepaid mail to your address.