BroadSky Internet Services (“BroadSky”), a division of Cyberscape Enterprises, Inc., a Colorado corporation, provides webhosting, email, and other internet services (collectively, the “BroadSky Services”) as described in the current BroadSky Service List, to you (the “Customer”) by offering access to BroadSky computers, network, and other systems and facilities (collectively, the “BroadSky Network”). In order to provide the best possible service and to ensure compliance with all applicable laws, we require all the Customer to agree to and comply with the Terms of Service in this document.

These Terms of Service are an agreement between BroadSky and the Customer. Use of BroadSky Services and BroadSky Network constitute the Customer's acceptance of these Terms of Service and agreement to abide by them. Failure to comply with these Terms of Service may result in immediate suspension or cancellation of a customer’s service, without notice.

BroadSky Services are not available to children under the age of 13, due to provisions of the Children's Online Privacy Protection Act (COPPA) of 1998.

BroadSky reserves the right to refuse to provide BroadSky Services to anyone, including existing customers, at any time, and for any reason.

Customer Information

The Customer must provide BroadSky with current and accurate identification and contact information as part of registration, and additionally as requested by BroadSky. The Customer is further required to notify BroadSky of any changes in this information.

The Customer is responsible for maintaining the confidentiality of all logins, passwords, and other security-related information assigned to the Customer that pertain to BroadSky Services.

Content

The Customer is fully responsible and legally liable for the content on the Customer's BroadSky website as well as the content of any email or other communications originating at their website or email account, including any off-site content the Customer publishes links to. The Customer must obey all applicable laws while using the BroadSky Network. BroadSky reserves the right at any time to refuse to distribute any content, or to remove any content from the BroadSky Network, including, without limitation, any content which violates these Terms of Service. In addition to these general requirements, BroadSky explicitly prohibits the following types of content and activity, or links to these types of content or activity, without limitation:

• materials that are pornographic or lewd;
• improper, inappropriate, or unauthorized use of intellectual property owned, copyrighted, trademarked, or otherwise legally protected by others, including, without limitation, music, video, photographs, artwork, software, and trade secrets;
• defamatory, hateful, abusive, harassing, violent, or threatening material or material that could be so perceived;
• foul language;
• any promotion of illegal activity;
• sending unsolicited bulk or fraudulent email (“Spam”), or forwarding of Spam: no Spam is allowed, even if otherwise legally permitted;
• cracker tools, viruses, trojans, worms, or other harmful software, and instructions or guidelines about their construction or use;
• game cheating tools, hacks, or patches;
• advertising or sale of goods or services that the Customer is not legally or contractually entitled to sell;
• gambling;
• using BroadSky-hosted websites as part of "search engine optimization" activities;
• anything that could be considered to be negative or damaging to the reputation of BroadSky or it's affiliates, including, without limitation, Cyberscape Enterprises, Inc. and Cyberscape Arena.

All determinations of whether content and activites fall into a prohibited category will be made solely by BroadSky.

Bandwidth

BroadSky Services and the BroadSky Network are not designed for high-volume or bulk downloading of material; file downloads can therefore severely impair service quality for all customers. Accordingly, the Customer is prohibited from making files available for download from their BroadSky websites or other via any other means without advance written permission from BroadSky.

“Spam”

BroadSky will not tolerate unsolicited bulk or fraudulent email (“Spam”) originating from the BroadSky Network. All of the Customer's email and other transmissions originating from the BroadSky Network must correctly identify it's sender and source, and comply with all applicable laws. Regardless of any legal prohibitions, the Customer is specifically prohibited from sending unsolicited bulk email of any kind without the recipients' having demonstrably “opted in” to such mailings. If the Customer does send bulk email from the BroadSky Network, the Customer must, upon request by BroadSky, provide evidence of the recipients having opted in to such mailings. Purchasing lists of email addresses from 3rd parties for mailing to from any BroadSky-hosted domain, or referencing any BroadSky account, is prohibited.

Similarly, the sending of Spam from another service provider that advertizes a web site, email address, or that utilizes any resources hosted on the BroadSky Network, is prohibited. BroadSky accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate these Terms of Service or that of the other provider.

It is prohibited to operate an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database.

BroadSky takes no responsibility for third party content, including, without limitation, Spam, viruses, spyware, or other harmful software, nor does BroadSky have any obligation to monitor such third party content. Nevertheless, BroadSky will, at its discretion, filter all incoming and outgoing email, using a variety of technologies, to automatically block messages that appear to be Spam or have Spam-like characteristics. Any such policy carries with it the risk of “false positives”—incorrectly classifying legitimate mail as spam, and therefore inadvertently blocking it from reaching its intended recipient. This filtering is intended to be aggressive and ruthless, and the Customer understands and agrees that as a consequence some mail addressed to them may be blocked from delivery. Upon request BroadSky will attempt to tune its spam filters to accommodate mail which is being incorrectly blocked, but cannot guarantee any specific level of spam filter accuracy.

Incoming Email

BroadSky employs aggressive anti-spam technology that may result in legitimate incoming email messages being erroneously rejected as spam (“False Positives”). Upon customer notification that one or more False Positives have occurred, BroadSky will attempt to tune BroadSky's spam filtering system to correct the problem if, within BroadSky's sole judgment, such an adjustment would not adversely impact the amount of spam being received in total by the BroadSky Network.

At present BroadSky has no policy limiting the amount of email a customer may retain in their account in the BroadSky Network, although this is subject to revision in the future. There is, however, a technical limit of 50 megabytes on the size of each customer's "in box". Any incoming email messages that would cause a customer to exceed the 50MB limit on the size of their in box will be rejected, and returned to the sender. To avoid this, it is the customer's responsibility to regularly review the mail accumulating in their in box and delete it, download it, or move it into a separate folder under their account. Email stored in other folders does not count towards the 50MB limit. BroadSky will generally not monitor the size of customers' in boxes, and will not provide any warning that they are approaching the size limit; it is the responsibility of each customer to read, delete, or otherwise process their own email.

“Cracking”

BroadSky will not tolerate any use of the BroadSky Network by any party to attempt to access other systems or networks illegally or without authorization (“Cracking”). The Customer may not attempt to undermine the security or integrity of the BroadSky Network, nor of any other computer or network systems, nor to take any actions that might be perceived as such attempts, including, without limitation, port scanning, forging IP packet header information, unauthorized access to computer systems or networks, monitoring of communications, and Denial of Service attacks.

Technical Support

BroadSky will provide free technical support with problems resulting from failures in the BroadSky Network, and limited free technical support on other matters on an as-time-permits basis. The Customer is welcome to ask for any kind of assistance with respect to BroadSky services via email or, during business hours, in person or via telephone. If the Customer requires more than basic support with an issue that is not a result of a technical problem with the BroadSky Network, the Customer may pay for additional support at BroadSky's consulting rate.

Privacy

BroadSky will never sell any email addresses or other personal information about the Customer, nor divulge any such information to any party, except as may be required by law, public safety, or to report illegal violations of these Terms of Service. Furthermore, any email mailings we send out ourselves that are not directly related to BroadSky services used by the Customer (newsletters, special offers, and so on) will only be sent if the Customer has “opted in” and given us permission to send such materials to them, and will always include the ability to “opt out” of any future mailings.

BroadSky will endeavor to protect the Customer's data, including website content and email, from being accessed by unauthorized parties, but BroadSky cannot guarantee that such access will not happen: for example, through system failures, customer mis-configuration, interception of internet transmissions, outside hackers, and so on.

BroadSky employees may from time to time examine the Customer's websites, email, and other data stored in the BroadSky Network for the purposes of monitoring technical quality and system performance, to respond to support requests, to insure compliance with these Terms of Service, and to protect the rights, property or safety of BroadSky, its customers, and the public.

Payments

Payment for each month of service is due by the 5th business day of that month unless payment has otherwise been made in advance. Payment may be made by cash or credit/debit card (MasterCard, Visa, or Discover only). The Customer may, for their convienience, elect to provide authorization to regularly charge their credit card for subsequent service fees in future months. Providing credit card information via email is not recommended.

Receipts for payments made will be provided by email only, to the Customer's email address of record.

If payment is not received by BroadSky by the 5th business day of the month the Customer's BroadSky service will be suspended as soon after that day as practicable, and will be restored only after the Customer's account is made current. If no payment has been received and no other arrangements made by the customer, the Customer's account and all associated data files may be permanently deleted at time after the first business day of the following month.

The Customer is fully responsible for any taxes that may be applicable based on their use of the BroadSky Network.

Cancellation of Service and Refunds

Customers may cancel their BroadSky Services at any time and for any reason, and receive a pro-rated refund for services not yet used as of the first business day after the date their instruction to cancel service is received by BroadSky. If service is cancelled at the customer's request, the customer may elect to have BroadSky forward email from any BroadSky email addresses to a user-specified new address for a period of up to 30 days, for no additional charge.

BroadSky may cancel a customer's service at any time, and for any reason, including, but not limited to, violations of these Terms of Service. In such an event BroadSky's only liability will be to return to the customer a pro-rated refund of any payments made by the customer for service they have not yet received as of the date of BroadSky's cancellation. If service is cancelled due to a decision on the part of BroadSky, temporary email forwarding services may or may not be provided for a limited period of time, at BroadSky's sole discretion.

In the case of customers who have received a pre-payment discount, rebates will be computed as though the customer had paid the regular, non-discounted, monthly rate.

No Warranty

BroadSky expressly stipulates, and by using BroadSky Services the Customer expressly agrees, that all BroadSky Services are provided on an “as is” basis, and that BroadSky makes no warranties of any kind with respect to any services, including, without limitation, their quality, availability, merchantability and fitness for any particular purpose or use.

The Customer expressly agrees that all use of BroadSky services will be at the Customer's sole risk. BroadSky will not be responsible for any damages suffered by the Customer, including those related to service quality or availability, loss of data, nor for any consequential damages. BroadSky will make periodic backups of all data, but cannot guarantee that those backups will meet the Customer's needs. BroadSky recommends that the Customers backup their own data as a safety precaution.

Notwithstanding any of the above, the Customer agrees that the Customer's exclusive remedy for all damages, losses, or other causes of action shall be limited to the aggregate amount the Customer has paid for access to the relevant services.

Indemnification

The Customer agrees to comply with all applicable laws and to hold harmless and indemnify BroadSky and its subsidiaries, affiliates, officers, agents, and employees from and against any claims made by third parties in conjunction with the Customer's use of BroadSky Services.

The Customer agrees that BroadSky has a right to claim economic damages from the Customer, and the Customer is obligated and agrees to pay such damages, including costs and attorney's fees, if the Customer violates these Terms of Service and/or otherwise causes harm to Broadsky. This provision will survive the termination, cancellation, or expiration of the remainder of this agreement and the Customer's use of the BroadSky Services.

Choice of Law; Jurisdiction

These Terms of Service will be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any conflict of any law's provisions or the Customer's actual state or country of residence. Any claims, legal proceedings or litigation arising in connection with BroadSky Services will be brought solely in Douglas County, Colorado, and the Customer consents to the jurisdiction of such courts.

Entire Agreement

These Terms of Service, in conjunction with all policies and guidelines incorporated herein by reference, constitutes the entire agreement between the Customer and BroadSky with respect to the BroadSky Services. There are no representations, understandings or agreements which are not fully expressed in these Terms of Service and the related policies and guidelines.

Revisions of Terms of Use

BroadSky reserves the right to modify these Terms of Service and supplements, such as the BroadSky Price List, at any time and in any way, at its sole discretion, upon posting on the BroadSky website and attempted notice to the Customer at the Customer's email address of record. If the Customer disagrees with the revised Terms of Service, their only recourse shall be to cancel their BroadSky service. Continuing to use their BroadSky service shall constitute acceptance of any revisions to the Terms of Service.

Contact

Any questions or comments regarding these Terms of Service, reports of violation of these Terms of Service, as well as any request to cancel service, may be directed via email to: