END-USERS LICENSE AGREEMENT
This End-User License Agreement (”EULA”) is a legal agreement between you (individual or single entity) and Cydec for the use of the Cydec software accompanying this EULA, which includes Cydec computer software and online or electronic documentation (herein referred to “Software”). By exercising your right to use the Software, you agree to the terms of this EULA. Your use of the Cydec system indicates your explicit acceptance of the terms of this EULA.
SOFTWARE SERVICE LICENSE:
Subject to payment of applicable license fees, Licensor grants Licensee a non-exclusive and non-transferable license to use the executable code of the Software Product and accompanying documentation according to the terms and conditions of this Agreement. The Software as a Service (SaaS) is protected by copyright laws and international copyright treaties as well as other intellectual property laws and treaties. The Software is delivered as a service and is licensed (rented), not sold.
RIGHTS OF SERVICE:
Cydec grants you a nonexclusive, royalty-free right to use ONE COPY of the Software. The licensor reserves the right to refuse a license of Software Product to a licensee for reasons such as, but not limited to, licensee is promoting controversial material, product or service, if licensee is doing anything suspected to be illegal. In such a case, licensor will refund the full purchase price of the Software Product to the Licensee within 30 days of the notice of refusal to license Software Product to licensee. Licensee will be given a 30 day unconditional money back guarantee beginning immediately after purchase of software. After 30 days has passed, Licensee will not be eligible for refund of purchase.
All title and copyrights in and to the Software (including but not limited to any image, photographs, animations, video, audio, music, or text incorporated into the Software) are owned by Cydec.com. The Software Service is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material.
This EULA is your proof of license to exercise the rights granted herein and must be retained by you. You may not reverse engineer, decompile, or disassemble the Software except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
NO SPAM POLICY:
Cydec does not and will not tolerate the sending of unsolicited email messages and will prosecute all offenders to the fullest extent of the law.
You must immediately terminate any Affiliate found in violation of this policy. This includes but is not limited to Affiliates that use the Mailing List Manager, Autoresponders, or Refer-a-Friend Service, and Affiliates who use their own email programs/accounts to send unsolicited mailings regarding your Affiliate Program or your products/services. If you do not immediately terminate such Affiliates, Cydec reserves the right to do so.
You will be found in violation of this policy if you send unsolicited mailings using any portion/feature of the Software/Service including an Affiliate Link, or if you allow your Affiliates to send unsolicited mailings. Violation of this policy is terms for immediate termination and refusal of future use.
Cydec strictly prohibits harassment, whether through language, frequency, or size of messages. Forging of header information is not permitted.
Cydec does not allow unsolicited mail (UCE). This includes “Spamming” and “Bulk Mail” sent to persons who have otherwise not requested to receive such mail. Please note that this includes FFA page submission lists, or any other bulk list of recipients that have not specifically asked to receive email from you, including, but not limited to: sending unsolicited commercial email, sending any message to a recipient who did not request it, cross-posting messages to a large number of newsgroups or discussion groups, using a Cydec account in association with any FFA pages, safe lists or mass distribution resources.
If you violate this policy you will be subject to the following actions:
Your account will immediately be terminated without notice and without any refund.
You will lose all access to your account and databases and will have no opportunity to retrieve any data from your existing contacts.
You will be charged a $50 administrative fee for every SPAM complaint we receive.
You will be reported to online anti-spam organizations, your own ISP, and the legal authorities for possible prosecution.
You will be held financially responsible for any damages incurred to the Cydec service as a result of your violation of the SPAM policy, including, but not limited to, loss of web host, transferring fees, damages for lost clientele, and lost fees for “downtime” due to spam complaints.
This agreement also strictly prohibits you from using auto-responders as a default email addresses for any of your Cydec account settings. This includes your Merchant Account Settings, your Affiliate Account Settings, and your Default Email Settings. The use of an auto-responder for one of these will cause problems with our system and will be grounds for suspension of your account, without warning, until the matter is resolved
ACCEPTABLE USE POLICY:
Cydec strictly prohibit the use of our services to sell certain products and services, including but not limited to the following: Alcohol, Tobacco Products, Fire Arms, Pornography, Products promoting: hate, violence, harassment, or abuse, SPAM-related Products, Pyramid Schemes, Products with no value and any other product and service we deem inappropriate. Cydec reserves the right to make this judgment at its sole discretional.
Cydec offers free incident-based support to resolve installation issues, product usage, and troubleshooting. Cydec will supply technical support via email as it pertains to the Cydec Software Service. Integration of Products and maintaining the integrity of the integration is the responsibility of the Licensee.
Upon receipt of the support request, a Cydec.com support technician will identify the nature of the reported problem and suggest a proper course of action. This may include a referral to the product documentation, Video Tutorials, Help Files or Frequently Asked Question (FAQ) lists on the Cydec.com web site. If the problem is identified as being either a third party module issue or an ISP/IHP issue, Cydec Support will refer the licensee to the appropriate source for a solution if known.
The software and data for the Cydec Software will be hosted on Cydec servers. Cydec.com does not warrant that your use of the Product will be uninterrupted or that the operation of the Product will be error-free or secure. In addition, the security mechanisms implemented by Cydec have inherent limitations, and you must determine that the Service sufficiently meets your requirements.
While Cydec shall make every reasonable effort to protect and backup data for Licensee on a regular basis, Cydec is not responsible for Licensee’s data residing on Cydec.com’s servers. Licensee is responsible for making and keeping current copies of Members and their related information. Licensee is responsible for all use of Licensee account and confidentiality of Licensee password and information.
Standard accounts are limited to 10,000 database records for a low monthly fee of $97. Additional database records added to your account will be billed at just $49 per 10,000 additional records (rounded up to the nearest 10,000).
DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY, INDEMNIFICATION
Cydec will utilize its best efforts to maintain acceptable performance of services, but Cydec makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. Cydec cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet.
Cydec will not be liable for the inadvertent disclosure of, corruption or erasure of data transmitted or received or stored on its system. Cydec shall not be liable to Licensee or any of its customers for any claims or damages which may be suffered by Licensee or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access the Software, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of Cydec.
Licensee agrees that it shall defend, indemnify, save and hold harmless from any and all demands, liabilities, losses, costs, claims, including reasonable attorney’s fees, (’Liabilities’) against Cydec.com, its agents, its customers, servants, officers, or employees, that may arise or result from any services provided, performed or agreed to be performed or any product sold by Licensee, its agents, employees or assigns.
Licensee agrees to defend, indemnify and hold harmless Cydec against Liabilities arising out of any injury to person or property caused by any products sold or distributed in connection with Cydec’s server; and material supplied by Licensee infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective product which licensee sold using Cydec’s services. As a result of this, Licensee agrees that Cydec shall not be liable to Licensee for any claims of actual, compensatory and/or consequential damages which may be suffered by Licensee, including, but not limited to, losses or damages due to the loss data resulting from delays, non-deliveries, or service interruptions caused by the fault or negligence of Cydec.
Notwithstanding the above mentioned, Licensee’s exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate dollar amount which Licensee paid during the term of this Agreement. These terms and agreements may be changed without any prior notice.
HIGH RESOURCE POLICY:
While Cydec has no pre-set limits on email bandwidth and usage, any user that is deemed as impairing the performance of our servers either by high disk utilization, high bandwidth usage, or high CPU usage will be entered into our “High Resource Customer” program. High Resource users are users that use an excessive amount of system resources such as bandwidth, storage or CPU utilization. It is Cydec’s sole digression to decide which users are “High Resource” users.
Users who have been deemed as a “High Resource Customer” will be subject to the following:
Cydec will charge your credit card on file $300.00 as a security deposit per occurrence of our HRP or violation of any of our rules. If the violation is deemed to be an “honest mistake” and the situation is corrected within 30 days, the $300 will be refunded. Otherwise, your account will be closed and no refunds will be given.
CYDEC SERVICES MAY ONLY BE USED FOR LAWFUL PURPOSES:
Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute.
Cydec reserves the right to remove such illegal material from its server immediately. Cydec expressly forbids anyone from using Cydec’s servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, satanic material, or any other material which we deem to be objectionable. The designation of any materials as such described above is left entirely to our discretion.
UNLAWFUL AND/OR UNETHICAL USE:
Cydec does NOT allow users that provide points of distribution, or links to the following types of sites:
Adult Sites – Any erotic or pornographic material, links to adults sites, or advertisements for adult sites.
Pirated Software. Any software that is copyrighted and not freely available for distribution without cost. Including: ROMs, ROM Emulators, Mpeg Layer 3 files (MP3) and DVD Videos.
Hacking / Phishing – Includes sites with material, links, or resources for Hacking, Phishing, Viruses, Anarchy, or any type of site that promotes the destruction or compromises the integrity of Web Hosting Network. Cydec SERVICES ARE INTENDED FOR THE END USER ONLY:
Customers cannot sublease, sub-host, or give away control of any portion of Cydec’s Network’s resources. For customers who do wish to sublease the service, Cydec offers a very competitive partner program.
All accounts are setup automatically and billed in real time. Confirmation emails should arrive within 15 minutes to the email specified in your online signup form.
Cydec may run a transaction at least 5 days in advance to anticipate a declined credit card. This will give the customer at least 4 days from the due date to run the transaction. If the transaction is run at least 3 times, and the client fails to update the credit card, the account will be suspended and or terminated without further notice.
In some cases if a problem arises with the account, the user will be notified via e-mail.
All new accounts are billed on a prepay basis every 30 days, and will be charged automatically to the card number on file. If for any reason the card does not clear with the bank on three attempts, the account is subject to suspension. Any account not brought current within a week of e-mail notice or exceeding this time frame in any way is subject to suspension. If a bank ‘charge back’ is processed against our account, the account in question will be terminated immediately.
The customer is responsible to keep credit card on file up to date which includes the expiration date, and sufficient funds to cover account fees. All credit cards run though merchant account and are declined for any reason are charged a $20 reactivation fee. Cydec accepts Visa, MasterCard, American Express & Discover cards.
In the event the credit card does not clear with the bank, the customer will be notified by e-mail. Past due accounts that are not brought current within 5 days of the e-mail notice are subject to suspension and possible account termination.
At no time will Cydec allow an account to be operational past the last day of the pre-paid date of services. If user fails to update the account information, Cydec will suspend the account without further notice and consider the account closed. Service fees do accrue during any period of suspension.
From time to time, as is warranted by new features, changing market conditions or other factors determined by Cydec and at Cydec’s sole discretion, Cydec may alter it’s payment structure and /or fees. In the event of a price increase you will be given up to 1 billing cycle advanced notice of said price increase. After such time, Cydec reserves the right to begin charging your credit card on file the new fee.
TERM AND TERMINATION:
Licensee will be given a 30 day unconditional money back guarantee beginning immediately after purchase of software for all monthly subscriptions. After 30 days have passed, licensee will not be eligible for refund of purchase. Refunds will be issued within ONE billing cycle on the same credit card used at signup or by company check at our sole discretion. If cancellation is caused by a customer violation of these policies, then no refund will be disbursed.
NO REFUNDS ARE OFFERED OR WILL BE GRANTED ON PRE-PAID ANNUAL OR LIFETIME SUBSCRIPTIONS FOR ANY REASON.
Customers can cancel service any time. Accounts can be canceled by the account holder at any time via the Support Ticket System or by emailing our Billing Department. This must be done by the credit card holder by contacting our support department by email or via our online support ticket system. The account will remain active until the end of the current billing period only and the account and all data will be deleted at such time. Data exports may be available for a fee if requested at least 30 days in advance.
Cydec reserves the right to cancel service at any time for violation of these policies. All fees paid in advance of cancellation will be pro-rated and paid by Cydec if Cydec institutes its right of cancellation.
All cancellation requests by email must be sent to [email protected]
* Cydec reserves the right to revise its policies at any time without prior notification.