Terms of Service

The following rules must be followed at all times. If for any reason these rules are violated, the account(s) responsible will be terminated *without* refund.

This agreement is a legally binding agreement for services offered by Shells.com.cy Networks, henceforth referred to as "Service", effective upon an order form, henceforth referred to as "Order", between the account holder(s), henceforth referred to as "Customer", and service provider, henceforth referred to as "Shells.com.cy Networks". This agreement shall become effective on the "Effective Date" when Customer receives the respective account ordered.

1.0 FEES

1.1 Customer shall pay Shells.com.cy Networks all fees, monthly fees, and usage fees, indicated on a sales order ("Account Signup"). Customer acknowledges that in consideration of the pricing set forth on the Order, Customer commits to be liable for and pay the fees set forth in an Order for the term indicated in such Order.

1.2 All payments shall be made in United States dollars, at Shells.com.cy Networks' address as indicated in this Agreement or at such other address as Shells.com.cy Networks may from time to time indicate by proper notice hereunder. All invoices are due and payable within four (7) seven of Shells.com.cy Networks' date of invoice which shall be emailed seven (7) days prior to Customer payment due date. Shells.com.cy Networks reserves the right to charge any provided credit cards or other such means of automated charging to alleviate any charges inquired by Customer.

1.3 All fees are non-retractable, denominated and to be paid in U.S. Dollars and are exclusive of any applicable taxes. Customer shall pay, indemnify and hold Shells.com.cy Networks harmless from all sales, use, value added or other taxes of any nature, other than taxes on Shells.com.cy Networks' net income, including penalties and interest, and all government permit or license fees assessed upon or with respect to any fees (except to the extent Customer provides Shells.com.cy Networks with a valid tax exemption certificate). If any applicable law requires Customer to withhold amounts from any payments to Shells.com.cy Networks hereunder: (a) Customer shall effect such withholding, remit such amounts to the appropriate taxing authorities and promptly furnish Shells.com.cy Networks with tax receipts evidencing the payments of such amounts; and (b) the sum payable by Customer upon which the deduction or withholding is based shall be increased to the extent necessary to ensure that, after such deduction or withholding, Shells.com.cy Networks receives and retains, free from liability for such deduction or withholding, a net amount equal to the amount Shells.com.cy Networks would have received and retained in the absence of such required deduction or withholding.

2.0 TERM

The term of this Agreement shall commence on the date of its execution by Customer and continue for a term of 1 month, at which point, this Agreement will automatically be reinstated. Each Order, so long as this Agreement remains in effect, shall be automatically renewed at the then current fees for additional periods, unless either party gives written notice otherwise to the other party, not less than seven (7) days prior to the expiration of such Order. Orders may only be issued while this Agreement is in effect. This Agreement may be renewed for additional terms upon the mutual written consent of both parties.

3.0 TERMINATION

Either party may terminate this Agreement or any Order upon written notice: (a) for any material breach of this Agreement or any Order which the defaulting party fails to cure within seven (7) days following written notice by the nondefaulting party of such breach; or (b) upon either parties insolvency or liquidation as a result of which either party ceases to do business. Notwithstanding anything herein to the contrary, Shells.com.cy Networks may terminate this Agreement or any Order without notice immediately for any breach of this Agreement.

4.0 REPRESENTATIONS AND WARRANTIES

4.1 Each party represents and warrants that it has the right and authority to enter into this Agreement, and that by entering into this Agreement, it will not violate, conflict with or result in a material default under any other contract, agreement, indenture, decree, judgment, undertaking, conveyance, lien or encumbrance to which it is a party or by which it or any of its property is or may become subject or bound. Each party shall not grant any rights under any future agreement, nor will it permit or suffer any lien, obligation or encumbrances that would prevent it from performing under this Agreement. 4.2 Customer represents and warrants that it will, at its own expense, make, obtain, and maintain in force at all times during the term of this Agreement, all applicable filings, registrations, reports, licenses, permits and authorizations in order for Customer to perform its obligations under this Agreement. Shells.com.cy Networks represents and warrants that it will, at its own expense, make, obtain, and maintain in force at all times during the term of this Agreement, all applicable filings, registrations, reports, licenses, permits and authorizations in order for Shells.com.cy Networks to provide the Services, and to perform its obligations under this Agreement.

4.3 Both parties represent and warrant that they will, at their own expense comply with all laws, regulations and other legal requirements that apply to them with respect to this Agreement, including copyright, privacy and communications decency laws, advise each other of any legislation, rule, regulation or other law which is in effect or which may come into effect after the Effective Date which has a material effect on any provision of this Agreement. Both parties represent and warrant that no consent, approval or authorization of or designation, declaration or filing with any governmental authority is required in connection with the valid execution, delivery and performance of this Agreement.

4.4 Customer represents and warrants that it will: (a) not utilize (or allow utilization of) the Services in a manner that: (i) is prohibited by any law or regulation or Shells.com.cy Networks policy, or to facilitate the violation of any law or regulation or such policy; or (ii) will disrupt third parties' use or enjoyment of any communications service or outlet; (b) not violate or tamper with the security of any Shells.com.cy Networks computer equipment or program; and (c) have an agreement with each Customer end user sufficient to comply with the terms herein.

4.5 THE REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS SECTION 3.0 ARE THE SOLE AND EXCLUSIVE REPRESENTATIONS AND WARRANTIES MADE BY CUSTOMER AND Shells.com.cy Networks. CUSTOMER AND Shells.com.cy Networks MAKE NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THEIR SERVICES, OR ANY RELATED SERVICES OR SOFTWARE. Shells.com.cy Networks EXPRESSLY DISCLAIMS ANY WARRANTIES: (a) OF DESIGN, MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EVEN IF INFORMED OF SUCH PURPOSE; OR (b) THAT THE PRODUCTS AND SERVICES, OR ANY RELATED PRODUCTS, SERVICES OR SOFTWARE WILL BE ERROR-FREE, SECURE OR WITHOUT INTERRUPTION.

5.0 LIMITATIONS AND LIABILITY

5.1 CUSTOMER RECOGNIZES THAT THE INTERNET CONSISTS OF MULTIPLE PARTICIPATING NETWORKS WHICH ARE SEPARATELY OWNED AND THEREFORE ARE NOT SUBJECT TO THE CONTROL OF Shells.com.cy Networks. MALFUNCTION OF, OR CESSATION OF INTERNET SERVICES BY, ISPs OR OF ANY OF THE NETWORKS WHICH FORM THE INTERNET MAY MAKE RESOURCES CUSTOMER WISHES TO USE TEMPORARILY OR PERMANENTLY UNAVAILABLE. CUSTOMER AGREES THAT Shells.com.cy Networks SHALL NOT BE LIABLE FOR DAMAGES INCURRED OR SUMS PAID WHEN THE SERVICES ARE TEMPORARILY OR PERMANENTLY UNAVAILABLE DUE TO MALFUNCTION OF, OR CESSATION OF INTERNET SERVICES BY, NETWORK (S) OR ISPs NOT SUBJECT TO CONTROL OF Shells.com.cy Networks, OR DUE TO ANY ACCIDENT OR ABUSE BY CUSTOMER. Shells.com.cy Networks IS NOT LIABLE FOR ANY BREACH OF SECURITY ON THE CUSTOMER'S ACCOUNT.

5.2 Shells.com.cy Networks SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES RESULTING FROM: (A) THE DELIVERY, INSTALLATION, MAINTENANCE, OPERATION OR USE OF AN ACCOUNT, OR SERVICE; (B) ANY ACT OR OMISSION OF CUSTOMER, OR ITS END-USERS OR AGENTS, OR ANY OTHER ENTITY FURNISHING SERVICES TO CUSTOMER; OR (C) ANY PERSONAL OR PROPERTY DAMAGES DUE TO THE LOSS OF STORED, TRANSMITTED OR RECORDED DATA RESULTING FROM THE SERVICE OR THE EQUIPMENT, EVEN IF Shells.com.cy Networks HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Shells.com.cy Networks' LIABILITY FOR DIRECT DAMAGES BE GREATER THAN THE SUM TOTAL OF PAYMENTS MADE BY CUSTOMER. 5.3 IN NO EVENT SHALL Shells.com.cy Networks BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES WHETHER OR NOT FORESEEABLE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE LOSS OF DATA, GOODWILL OR PROFITS, SAVINGS OR REVENUE, HARM TO BUSINESS, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY CAUSE WHATSOEVER, OR ARISING OUT OF OR IN RELATION TO THIS AGREEMENT, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH LIABILITY.

6.0 NETWORK ABUSE

6.1 Customer acknowledges that Customer has read and understands, and agrees to comply with, all applicable provisions of, Shells.com.cy Networks' then current Acceptable Use Policy, incorporated herein by this reference. Shells.com.cy Networks reserves the right to amend the Policy from time to time, effective upon posting of the revised Policy or other notice to Customer. Shells.com.cy Networks agrees to provide a "hard copy" of said policy upon Customer's written request. Violation of this Section by Customer or its Customer's End Users may be deemed by Shells.com.cy Networks to be a material breach of this Agreement by Customer and Shells.com.cy Networks may, in its sole discretion, immediately suspend, disable or terminate the Service upon notice to Customer for a violation of the Policy. Shells.com.cy Networks, or other relevant authorities, may in their sole discretion determine that Customer has inappropriately or incorrectly used the Service.

6.2 Customer expressly agrees that Shells.com.cy Networks shall not be liable to Customer for any action Shells.com.cy Networks takes to remove or restrict access to obscene, indecent or offensive content made available by Customer, nor for any action taken to restrict access to material made available in violation of any law, regulation or rights of a third party, including but not limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy.

6.3 Customer agrees to indemnify, defend and hold Shells.com.cy Networks and its officers, directors, employees, agents, affiliates and suppliers harmless from and against any claims, actions, demands, losses and damages, including attorney's fees, relating to any violation of this Agreement by Customer, its End Users, or other users of its account, or the placement or transmission of any message, information, software or other materials on the Internet by Customer or End Users of Customer's account. This indemnification shall survive the termination of the Agreement.

7.0 ACCEPTABLE USE POLICY

- A background process (BG) is defined as either any detached process or or any process connected to another process via any network protocol. - At no time may you inhibit, restrict, restrain, impair, or otherwise negatively inflict the service of others regardless of Internet presence. - Content deemed illegal by any law-enforcing agency is prohibited. - The trading of accounts, services,or products offered by Shells.com.cy Networks is prohibited. - Account holder agrees to follow fully any rules, regulations, or decrees enforced by remote networks when accessing such from accounts, services, or products offered by Shells.com.cy Networks. - Exceeding purchased services without due consent of Shells.com.cy Networks is prohibited. - "Shell Accounts" may run any combination of bounce daemons, eggdrops, and other such services so long as the respective program falls under those categories. Other forms of irc robots are prohibited unless strictly authorized by Shells.com.cy Networks. Other forms of irc bounce daemons are prohibited unless strictly authorized by Shells.com.cy Networks. - Any form of aggression directed at any other networks, people, groups, organizations, facilities is prohibited. - "Shell Account" holders are allowed a maximum of 100 megabytes of band- width per month per background process. Any bandwidth requirements exceeding this limitation is liable to incur charges of up to $10 per 100 megabytes (prorated). - No more than ONE connection to ANY BNC running. Violators will be terminated. - If the processe(s) of any user achieve any form of banning off any irc servers due to abuse, that user's respective account will be either suspended, or terminated at the sole discretion of Shells.com.cy Networks. Banning includes but is not limitted to 'k-line', 'd-line', and 'g-line'. - Follow proper internet decorum as guidlined in any remote network being accessed. Follow all laws and regulations pertaining to your local residence and remote internet access point. Don't be foolish! Shells.com.cy Networks reserves the right to modify, mend, and append the above stated terms of service at any time without notice. All updated terms of service will be posted as noted here.

E-mail: