Terms of Service

CYBERONIC INTERNET COMMUNICATIONS, INC, Inc agrees to provide you (“User”) with those services (“Service”) set forth on the Application subject to User’s compliance with the terms and conditions below.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.

Warranty Disclaimer

THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.

CYBERONIC INTERNET COMMUNICATIONS, INC exercises no control whatsoever over the content of the information passing through CYBERONIC INTERNET COMMUNICATIONS, INC’S system. Use of any information obtained via CYBERONIC INTERNET COMMUNICATIONS, INC is at User’s risk. Neither CYBERONIC INTERNET COMMUNICATIONS, INC nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does CYBERONIC INTERNET COMMUNICATIONS, INC make any warranty as to the results from use of the Service.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY CYBERONIC INTERNET COMMUNICATIONS, INC, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER CYBERONIC INTERNET COMMUNICATIONS, INC NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCEL BOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL CYBERONIC INTERNET COMMUNICATIONS, INC, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER’S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER’S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER’S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT CYBERONIC INTERNET COMMUNICATIONS, INC IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, CYBERONIC INTERNET COMMUNICATIONS, INC’S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER’S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.

If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of CYBERONIC INTERNET COMMUNICATIONS, INC in operating the Service, User’s sole and exclusive remedy is to discontinue using the Service.

Indemnification

Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold CYBERONIC INTERNET COMMUNICATIONS, INC, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney’s fees and cost of litigation) incurred or suffered by CYBERONIC INTERNET COMMUNICATIONS, INC, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User’s account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify CYBERONIC INTERNET COMMUNICATIONS, INC in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and CYBERONIC INTERNET COMMUNICATIONS, INC shall confer as to and agree on the legal counsel(s) to be selected in any such defense.

Age Limit

User represents to CYBERONIC INTERNET COMMUNICATIONS, INC that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.

Sexually Explicit Materials

User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. CYBERONIC INTERNET COMMUNICATIONS, INC has no control over and accepts no responsibility whatsoever for such materials.

Prohibited Uses

User may not:

restrict or inhibit any other user from using and enjoying the Internet;

post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;

post or transmit any information or software which contains a virus, cancel bots, Trojan Horse, worm or other harmful component;

post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);

upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder;

upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto;

send unsolicited advertising or promotional materials to other network users (See section titled “MESSAGING“);

allow users to run Mail list, Listserv or any form of auto-responds from User’s account;

run or activate processes while User is not logged in;

violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity;

attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of User’s connection, including the use of ping bots and other methods of avoiding timing disconnection (See section titled¬†LIMITATIONS OF DIAL-UP SERVICES“); or violate any of the rules, regulations and policies of those networks and computer systems accessed via User’s account.

CYBERONIC INTERNET COMMUNICATIONS, INC has no obligation to monitor the Service. However, User agrees that CYBERONIC INTERNET COMMUNICATIONS, INC has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. CYBERONIC INTERNET COMMUNICATIONS, INC will not intentionally monitor or disclose any private E-mail message unless required by law. CYBERONIC INTERNET COMMUNICATIONS, INC reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. CYBERONIC INTERNET COMMUNICATIONS, INC reserves the right to suspend access to the Service for User’s account. The account’s suspension may be rescinded within the sole and absolute discretion of CYBERONIC INTERNET COMMUNICATIONS, INC following payment of a reconnection charge, to be determined by CYBERONIC INTERNET COMMUNICATIONS, INC in its sole and absolute discretion.

Messaging

User agrees to limit their use of the CYBERONIC INTERNET COMMUNICATIONS, INC service, specifically regarding the use of CYBERONIC INTERNET COMMUNICATIONS, INC’s electronic (email) services, to the following restrictions:

Mass Mailing

User is restricted to the transmission, or distribution, of no more than fifty (50) recipients, or addresses, per email message. This does not assume User is allowed to send such messages several times to groups smaller than the fifty (50) limit. Mass unsolicited commercial email (“Spam”) sent using a CYBERONIC INTERNET COMMUNICATIONS, INC. connection constitutes illegal use per US Code Title 47, Sec.227(b)(1)(C).

Unauthorized Use of Relay Servers

User agrees that any unauthorized use of any email server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.

Fraudulent Addressing

User agrees that the purposeful distribution of any email message where the return address, originator’s address, or any other identifiable aspect of the message has been purposefully altered, is prohibited. User may not purposefully misrepresent the origination information of any email messages sent while using the CYBERONIC INTERNET COMMUNICATIONS, INC service.

Fraudulent Content

User agrees to be held responsible for the distribution of fraudulent materials.

VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES.

Limitation and Terms of DSL Services

DSL Service provides User with dedicated access to the Internet. The actual transmission speeds may vary depending on many factors, including but not limited to distance of the installation from the nearest Network Node or based on the quality of the existing wiring, speed of destination server User is accessing.

Pre-qualification for DSL provides a measure for DSL availability, it does not guarantee service availability. Lead time for installation is approximately 30 days and may vary according to regional telco issues.

Self-Installation, when available, allows the Users to install their DSL equipment. This option provides service to the MPOE (minimum point of entry) of your phone service. User’s MPOE is normally located outside User’s building. Inside wiring and inside wiring repair is not included with this option. Although not normally required, the circuit provider will repair User inside wiring at additional cost to the User.

Professional Installation is performed by a service technician and is available at additional cost to the User, this service is required for some DSL Services and in case of Self-Installation failure. Professional Installation cost is $250 unless specified in User’s contract.

First Professional Installation appointments may be rescheduled at no charge, there is a $15 rescheduling fee for any subsequent reschedules. User must notify CYBERONIC INTERNET COMMUNICATIONS, INC. by phone for any reschedule before 12 noon of the previous business day before the scheduled appointment, otherwise the user will incur a charge of $250.

Professional Installation appointments are scheduled in AM or PM timeframe between the hours of 8:00AM to 5:00PM. Barring unusual circumstances , professional installation should take about two hours.

DSL Service is for IP data communications only. No local telephone, including emergency, service is provided.

If User requests a service technician to be dispatched and no fault is found with the circuit, the User will incur associated charges specified by CYBERONIC INTERENT COMMUNICATIONS, INC.

Upon the end of the term or termination of service, User agrees to return the CYBERONIC INTERNET COMMUNICATIONS, INC. provided equipment at User’s sole expense within 30 days, or will incur $399 equipment charges.

The DSL equipment at User’s site is managed by CYBERONIC INTERNET COMMUNICATIONS, INC. Unless specified in Users contract, this equipment is used to terminate the DSL line and provide IP routing. User is responsible for obtaining additional networking hardware and software such as network cards (NIC), networking cable, firewalls, proxies, and etc. to perform additional IP networking such as firewalling, IP masking, net work connectivity, and etc.

User is responsible for configuring all Local Area Networking at User’s site and integration with the DSL equipment.

Limitation and Terms of Wireless 3g/4g Services

Actual performance may vary, and no minimum speed is guaranteed. CYBERONIC INTERNET COMMUNICATIONS, INC. service may not be available when roaming and is not currently available in certain portions of select market areas within upstream Carrier Networks.

CYBERONIC INTERNET COMMUNICATIONS, INC reserves the right to limit, suspend or constrain any heavy, continuous data usage that is adversely impacting performance of the upstream Carrier’s Networks, or hindering access to the upstream Carrier’s Networks. Unless otherwise stated, CYBERONIC INTERNET COMMUNICATIONS, INC reserves the right to limit throughput speeds or the amount of data transferred, and deny, terminate, disconnect or suspend data Service, for Customers Network Access. CYBERONIC INTERNET COMMUNICATIONS, INC reserves the right to deny, terminate, disconnect, modify or suspend wireless data Service if a CYBERONIC INTERNET COMMUNICATIONS, INC Wireless Data device engages in the following prohibited uses: server devices or host computer applications, including, but not limited to, disproportionate Web camera posts or broadcast, automatic data feeds, automated machine-to-machine connections, peer-to-peer (P2P) file-sharing applications, FTP (file transfer protocol sites), broadcast to multiple servers or recipients such that they could enable “bots” or similar routines, as a public WiFi or broadcast to multi-dwelling units or any other extraordinary circumstance. Other Business Plan options for these types of Applications are available by contacting CYBERONIC INTERNET COMMUNICATIONS, INC directly.

Upon the end of the term or termination of service, User agrees to return the CYBERONIC INTERNET COMMUNICATIONS, INC. provided equipment at User’s sole expense within 30 days, or will incur $300 equipment charges.

The 3G/4G equipment at User’s site is managed by CYBERONIC INTERNET COMMUNICATIONS, INC. Unless specified in User’s contract, this equipment is used to terminate the Wireless line and provide IP routing. User is responsible for obtaining additional networking hardware and software such as network cards (NIC), networking cable, firewalls, proxies, and etc. to perform additional IP networking such as firewalling, IP masking, network connectivity, and etc.

User is responsible for configuring all Local Area Networking at User’s site and integration with the 3G/4G equipment.

Limitation and Terms of Dial-Up Services

Although CYBERONIC INTERNET COMMUNICATIONS, INC advertises “Unlimited Access” in regards to some of it’s Dial-Up services, there are several limitations applied. The sole purpose of these limitations are intended to limit the amount of unnecessary use of CYBERONIC INTERNET COMMUNICATIONS, INC services by any such User, which restricts overall CYBERONIC INTERNET COMMUNICATIONS, INC system availability for other such Users. These limitations apply only to Dial-Up access services offered by CYBERONIC INTERNET COMMUNICATIONS, INC.

Idle Timeout

User agrees to have their online session automatically terminated after ten (10) minutes of consecutive inactivity. Inactivity is defined as less than 500 bytes of data transferred between User’s modem and the CYBERONIC INTERNET COMMUNICATIONS, INC service.

Maximum Single Session

User agrees to have an online session automatically terminated after eight (8) hours of consecutive time, regardless of data transferred during such specific online session.

Minimum Re-Connect Limit

User understands they cannot log back onto the CYBERONIC INTERNET COMMUNICATIONS, INC system for a time period of one (1) minute following the termination of their previous online session, regardless of the reason for the previous session’s termination.

Multiple, Concurrent Online Sessions

User agrees to maintain no more than one (1) concurrent online session for each PPP/ISDN account purchased.

Local Calling Area

User is responsible to verify access number provided by the CYBERONIC INTERNET COMMUNICATIONS, INC. are local to user’s local calling area. Users are responsible for all toll charges from local and long distance telephone companies.

Non-transferable

The right to use the Service is not transferable. Accounts are for User’s use only. User shall be responsible for the confidentiality of User’s password. Loaning User’s account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law.

Network Connectivity

User agrees to remain signed into the network only when actually making use of same, and to disconnect when idle for significant periods of time (more than 10 minutes). User also agrees to not remain connected to CYBERONIC INTERNET COMMUNICATIONS, INC’s system for periods exceeding (8) eight hours, in any single continuous session. User authorizes CYBERONIC INTERNET COMMUNICATIONS, INC to enforce these restrictions by appropriate software and network measures, automated and manual.

Terms of Payment

User shall be responsible for any and all fixed and accumulative charges for User’s account. The first month service fee (or other available billing period selected) is due upon account setup. Each month (or other billing period selected) on the date of the application, User’s account shall be charged the monthly access and any other fees for the new month plus any accumulated charges for prior months. Failure to use this account(s) does not relieve User of payment obligations.

A credit card User agrees to allow CYBERONIC INTERNET COMMUNICATIONS, INC to bill his or her card on each successive billing date without obtaining User’s permission after the initial charge. A credit card User shall notify CYBERONIC INTERNET COMMUNICATIONS, INC of any changes in credit card number or expiration date. If the card is not honored for any reason, CYBERONIC INTERNET COMMUNICATIONS, INC will attempt to notify the card holder by using the telephone information given at sign-up and by E-mail. CYBERONIC INTERNET COMMUNICATIONS, INC will call the card holder, and if alternative billing has not been established within five (5) days, the account will be terminated. Account reactivation is contingent upon full payment of past due amount as well as one-time reactivation fee.

If payment is by check, payment due dates are indicated on User’s invoice. Dishonored checks are subject to a collection fee to be determined by CYBERONIC INTERNET COMMUNICATIONS, INC in its sole and absolute discretion. If payment is not received within five (5) days of the due date, service will be terminated.

CYBERONIC INTERNET COMMUNICATIONS, INC maintains the right to terminate Service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 1.5% per month on the outstanding balance and a minimum of $99 restoration fee per circuit depending on the circuit. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event CYBERONIC INTERNET COMMUNICATIONS, INC utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all of CYBERONIC INTERNET COMMUNICATIONS, INC’S attorneys’ fees and costs in the collection of these sums.

Sales & Use Taxes, Federal Universal Service Fee (FUSF) & Other Fees & Taxes. Prices and fees do not include sales, use, value added, excise, utility or other State or Federal taxes, or FUSF, 911, or other telecommunications service or handling charges. Cyberonic will bill (and Client shall pay) these amounts monthly based on gross Services provided. Third party providers of underlying telecommunications networks and services assess charges such as FUSF on Cyberonic on a bulk basis, not a circuit-by-circuit or Service basis, and Cyberonic prorates them based on the gross Services ordered.

CYBERONIC INTERNET COMMUNICATIONS, INC reserves the right to change prices at any time without prior notice to it’s customers or the public. Price changes will not be retroactive for existing customers, regardless of the length of their existing service subscription.

Right to Cancel

CYBERONIC INTERNET COMMUNICATIONS, INC reserves the right to cancel Service for any reason without prior notice.

Cancellations must be requested via telephone during regular business hours (9:00am to 5pm), thirty (30) days cancellation notice is required, and in return a cancellation number will be issued from CYBERONIC INTERNET COMMUNICATIONS, INC. Please keep the cancellation confirmation number for your record. Pre-paid accounts who cancel before their contract term is completed are subject to termination fees specified in their contract. CYBERONIC INTERNET COMMUNICATIONS, INC will not refund shipping & handling fees or any one-time start-up fee. Cancellations after the first of the month will be charged for that month.

User must notify CYBERONIC INTERNET COMMUNICATIONS, INC via telephone or in writing to cancel Service. Cancellations submitted to CYBERONIC INTERNET COMMUNICATIONS, INC via electronic mail shall not be honored. Fees for any setup, shipping and handling, and the first month’s Service are not refundable. User are responsible for any termination fees and equipment charges as specified in section titled“LIMITATIONS AND TERMS OF DSL SERVICES”and user’s contract.

No Confidentiality

Information transmitted through CYBERONIC INTERNET COMMUNICATIONS, INC and through the Internet in general is not confidential. CYBERONIC INTERNET COMMUNICATIONS, INC can not and shall not guarantee privacy or protection of any User. CYBERONIC INTERNET COMMUNICATIONS, INC reserves the right to monitor any User’s transmissions when deemed necessary for providing proper service and/or to protect the rights and property of CYBERONIC INTERNET COMMUNICATIONS, INC.

Customer Information

Unless required by court order, subpoena or other legal request, or upon the advice of counsel, and unless User notifies CYBERONIC INTERNET COMMUNICATIONS, INC to the contrary by calling 508/753-4545, CYBERONIC INTERNET COMMUNICATIONS, INC may publish User’s name and other consumer information in one or more directories which may be accessed by other Internet users. In addition, unless User notifies CYBERONIC INTERNET COMMUNICATIONS, INC to the contrary as provided above, CYBERONIC INTERNET COMMUNICATIONS, INC may make such information available to third parties from time to time. User understands further that merchants on the Internet may have access to such information and may make it available to third parties in accordance with their normal practices unless User notifies those merchants directly that User does not wish such information to be made available.

Purchases on the Service

If User wishes to make purchases on the Service, User may be asked by the merchant or information or service provider from whom User is making the purchase to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User’s account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes, surcharges, universal service fees and other mandated charges relating to purchases on the Service.

No System Backup

CYBERONIC INTERNET COMMUNICATIONS, INC does not and will not perform system backups on any User’s E-mail account(s). CYBERONIC INTERNET COMMUNICATIONS, INC shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, CYBERONIC INTERNET COMMUNICATIONS, INC will not provide historical data, to any party for any reason, regarding any system or Internet activity.

CYBERONIC INTERNET COMMUNICATIONS, INC does not and will not perform system backups on any User’s personal web site account(s). CYBERONIC INTERNET COMMUNICATIONS, INC shall not be held responsible for any lost web data, web files, or any web site contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, CYBERONIC INTERNET COMMUNICATIONS, INC will not provide historical data, to any party for any reason, regarding any system or Internet activity.

Failure to Comply With Terms and Conditions

CYBERONIC INTERNET COMMUNICATIONS, INC may deny User access to all or part of the Service without notice if User engages in any conduct or activities that CYBERONIC INTERNET COMMUNICATIONS, INC in its sole discretion believes violates any of the terms and conditions in this Agreement. If CYBERONIC INTERNET COMMUNICATIONS, INC denies User access to the Service because of such a violation, User shall have not right (1) to access through CYBERONIC INTERNET COMMUNICATIONS, INC any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through CYBERONIC INTERNET COMMUNICATIONS, INC, and CYBERONIC INTERNET COMMUNICATIONS, INC shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

Miscellaneous

User agrees to notify CYBERONIC INTERNET COMMUNICATIONS, INC if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to CYBERONIC INTERNET COMMUNICATIONS, INC.

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

CYBERONIC INTERNET COMMUNICATIONS, INC’S failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

CYBERONIC INTERNET COMMUNICATIONS, INC may modify this Agreement from time to time by placing an updated Agreement at http://cyberonic.com/legal-notes.html, and User’s continued use of the Service following such modification to the Agreement shall be deemed to be User’s acceptance of any such modification. It is User’s responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

CYBERONIC INTERNET COMMUNICATIONS, INC shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of CYBERONIC INTERNET COMMUNICATIONS, INC.

Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming CYBERONIC INTERNET COMMUNICATIONS, INC as the defendant, shall be proper only in a venue determined by CYBERONIC INTERNET COMMUNICATIONS, INC.

In any action between CYBERONIC INTERNET COMMUNICATIONS, INC and User to enforce any of the terms of this Agreement, CYBERONIC INTERNET COMMUNICATIONS, INC shall be entitled to recover expenses, including reasonable attorney’s fees.

This Agreement constitutes the entire agreement between User and CYBERONIC INTERNET COMMUNICATIONS, INC with respect to the Service.