Terms of Use

Last updated: March 8, 2024

First of all we want to THANK all our clients for allowing us to provide Web Hosting services to you. It’s a job we take seriously and we promise to do our best to be responsive and helpful at all times. If you ever have any problems or questions we welcome your calls and emails. Thanks again!

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the www.cymaxmedia.com website (the “Service”) operated by Cymax Media, LLC (“us”, “we”, “Cymax Media” or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Cymax Media, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Cymax Media, LLC.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Cymax Media, LLC.

Cymax Media, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Cymax Media, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Cymax Media, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Cymax Media, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Cymax Media, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Colorado, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.


WEB HOSTING – Terms of Service

Our web hosting and backup policy here comes down to:
1) understand that having an account means that some data that concerns you will be processed and stored (including by third parties whom we have authorized for appropriate and limited access in order to operate the account and
2) you can lose your account if you behave badly (as determined by Cymax Media.

It is understood and accepted that any fraudulent, corrupt, abusive or offensive behavior towards any of our staff, delegates or representatives in any context (whether on a website that we host, or in any other virtual or physical setting), or towards any of our computer systems or networks, or any attempts to gain unauthorized access to any part of our website(s), database(s) or other physical or virtual resources, is grounds for immediate and unilateral termination of your account (together with all associated services), without requirement for notice or refund, at our absolute and sole discretion.

User Agreement

Your use of Cymax Media’s Web Hosting Services is subject to the terms and conditions set forth in these Cymax Media Terms of Service (the “Agreement”). This Agreement explains (i) what’s allowed when using our Services; (ii) the rights you have as a user of our Services; (iii) the rights Cymax Media has if you do something which is not allowed when using our Services; and (iv) many other important terms. This Agreement is a legal contract between you and Cymax Media and it is important that you read it carefully. If there is anything you do not understand in this Agreement, please contact us.

For more legal details read the following:

Summary

Basic Backup Service

Our basic web hosting service includes disaster recovery backups nightly on our hosting platform only. These backups are retained for 24 hours and then replaced with the latest backup files. This is in addition to utilizing the latest in RAID-10 storage array’s on all servers to prevent data loss due to a drive failure. We also regularly run file system checks to ensure the integrity of the file system. We do not back up VPS and Dedicated Servers.

Are these backups publicly accessible?

The primary purpose of this basic backup service is to protect against total data loss due to hardware or software failure. However, in the event that you need us to recover files for you, we require a minimum fee of $50.

While we make every effort to protect your data by utilizing the latest in storage & backup technology we strongly encourage customers to take frequent backups of their files and databases using Backup tools which can be found in their cPanel within their web hosting account. For logins to the cPanel please contact Cymax Media.

Important: It is your responsibility to maintain your own backups of your website. Cymax Media offers no guarantee that our disaster recovery system and/or our automated backup system will restore your website back to the way it was or you may need it.

Snapshot Remote Website Backup Service

Cymax Media offers an optional website backup service we call the “Snapshot Remote Website Backup service” (SRWBS). SRWBS is an automated, remote, cloud-based website backup service available only to our hosted clients in order to provide an additional level of security and peace-of-mind. However, with our Snapshot backup service you get an automated, remote, cloud-based backup service backs up 3 versions of your entire website – all your website files – once per week. This way clients with this service have 3 “Snapshots” – weekly backups all on a remote server. The advantage of using a remote server are to protect in the unlikely event of a catastrophic local server event. Cymax Media maintains no guarantee that our Snapshot website service or our disaster recovery system will restore your website back to the way you may need it.

Eligibility, Registration and Account Security

This section describes the eligibility criteria we require from all of our users. When you register to use our Services (as defined below), we need to make sure that you are able to legally contract with Cymax Media, llc..

HIPAA Disclaimer

Cymax Media Services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). This section describes our policy on HIPAA in more detail.

Subscriber’s Responsibilities

All Subscribers are required to comply with applicable law and have certain obligations with respect to their use of Cymax Media Services. For example, you are required