Complete Terms of Service/User Agreement and Privacy Policy must be agreed to prior to purchase.


Overview

User Agreement

This User Agreement ("Agreement") is an agreement between CHERRYWOOD TECHNOLOGIES INC., ("Company") and the party set forth in the related order form (“Customer” or “You”) incorporated herein by reference (together with any subsequent order forms submitted by Customer, the "Order Form"), and applies to the purchase of all services ordered by Customer on the Order Form (collectively, the "Services").

PLEASE READ THIS AGREEMENT CAREFULLY.

BY SIGNING UP FOR THE SERVICES CREATES A CONTRACT BETWEEN CUSTOMER AND COMPANY, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS USER AGREEMENT AND YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING COMPANY'S USAGE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

Revised: March 24, 2015

Civil Subpoena Policy


Submission of Subpoenas

Cherrywood Technologies Inc.
Attn: Brian Wing, CFO
10221 Buena Vista Ave
Suite A
Santee, California 92071

Fees for Subpoena Compliance
Policies Regarding E-mail
Revised: October 10, 2015

Anti-Spam Policy

Revised: October 10, 2015

Domain Name Dispute & Claims Policy

CHERRYWOOD TECHNOLOGIES INC. ("CHERRYWOOD TECHNOLOGIES INC") supports the protection of intellectual property. Therefore, we have established the following policies regarding copyright infringement claims.

Domain Name Dispute Claims
Please refer to the Uniform Domain Name Dispute Resolution Policy (the "UDRP") if you have a concern or dispute concerning a domain name. The UDRP covers domain names disputes; this Policy specifically excludes domain name disputes. Please see http://www.icann.org/udrp/udrp.htm.

Domain Name Dispute Claims
Copyright Infringement Claims

Domain Name Dispute Claims NOTICE AND PROCEDURE FOR MAKING CLAIMS OF 
COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the CHERRYWOOD TECHNOLOGIES INC., ("CHERRYWOOD TECHNOLOGIES INC") system or Web site should be sent ONLY to our Designated Agent.

NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING CHERRYWOOD TECHNOLOGIES INC__ THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.

Written notification must be submitted to the following Designated Agent:
CHERRYWOOD TECHNOLOGIES INC.
Attention: Raymond Belden
10221 Buena Vista Ave, Suite A
Santee, CA 92071
Facsimile: (619-599-0698)
legal@cherrywoodtech.com

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include ALL of the following:
  1. Physical or electronic signature of a person authorized to act on behalf of the copyright owner (i.e., merging a scanned handwritten signature into the electronic text or using public-key encryption technology).

  2. Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.

  3. Identification of the material that is claimed to be infringing that should be removed or access to disabled and information reasonably sufficient to enable the online service provider to locate the material (usually a URL to the relevant page).

  4. Information reasonably sufficient to allow the online service provider to contact the complaining party (address, phone number, e-mail address).

  5. Statement that the complaining party has "a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law."

  6. Statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

Upon receipt of notification of a claimed infringement, CHERRYWOOD TECHNOLOGIES INC will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity, regardless of whether the material or activity is ultimately determined to be infringing; if selective action is not possible, CHERRYWOOD TECHNOLOGIES INC will terminate the alleged infringer’s Internet access.

CHERRYWOOD TECHNOLOGIES INC will also take reasonable steps to promptly notify the alleged infringer in writing of the claim against him or her, and that it has removed or disabled access to the material or terminated Internet access (see Sections 512(c)(1)(C) and (g) of the DMCA).

COUNTER NOTIFICATION

Upon receipt of notice from CHERRYWOOD TECHNOLOGIES INC that a claim of infringement has been made and/or that the material has been removed or that access to it has been disabled, the Subscriber may provide a Counter Notification.
To be effective, a Counter Notification must meet ALL of the following requirements:

Upon receipt of a Counter Notification from the Subscriber containing the information as outlined above, CHERRYWOOD TECHNOLOGIES INC will:

CAUTION: Pursuant to Title 17, Section 512(f) of the United States Code, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

Repeat Infringers

It is CHERRYWOOD TECHNOLOGIES INC’s policy to provide for the termination, in appropriate circumstances, of CHERRYWOOD TECHNOLOGIES INC customers and account holders who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks or any other intellectual property.
Revised: October 8, 2015

Copyright Infringement Claims / (DMCA)

  1. To notify CHERRYWOOD TECHNOLOGIES INC that there has been a copyright or trademark violation, download and review our procedures for filing a complaint under the Digital Millennium Copyright Act (Click here) and follow the instructions regarding Notice and Procedure for Making Claims of Copyright Infringement.

  2. If you are responding to a complaint of infringement, download and review our procedures for filing a Counter Notification. (Click here) and follow the instructions regarding Counter Notification.

Please note that our Legal Department (and not our Abuse Department) handles all complaints regarding potential violations of trademarks, copyrights and other intellectual property rights - please do NOT direct these complaints to our Abuse Department - doing so may delay or prevent our response to your complaint.

Disk Space & Bandwidth

CHERRYWOOD Personal & Business Class are shared environments, so to ensure fast & reliable service to all of our clients, accounts that adversely affect server or network performance must correct these issues or will be asked to upgrade to a virtual or dedicated server.

Network Security

Mandatory Security Updates

From time-to-time, we notify our clients of any exploit we deem potentially catastrophic. For an exploit to be considered catastrophic, it must be attacking widely deployed applications that are in use on a majority of servers. For example, but not limited to, software related to DNS, APACHE, and SENDMAIL.

The security notification will be sent via our customer subscribed mailing list, with a subject line of "Mandatory Security Update". It will provide a synopsis of the exploit, what is effected, and probable repercussions associated with failure to update. In addition, the email will provide a link for customers to download updated software or fixes, or patches, and directions on installing it. Customers are responsible for following the instructions in all " Mandatory Security Update" within 24 hours from their release.

To ensure the security of the clients' servers and to maintain our network integrity, if 24 hours past notification the software at issue has not been updated or patched, Cherrywood Technologies Inc. reserves the right to apply all necessary updates, fix any other obvious security holes we may find, and bill the customer's account at the applicable hourly support rate without further notice or customer approval.

Data Backup

Cherrywood Technologies Inc. maintains, as a convenience to its clients, regular automated data backups are performed on the condition that this particular Service is paid for previously.

While Cherrywood Technologies Inc. maintains the previously stated backups, this service is provided as a convenience only and Cherrywood Technologies Inc. assumes no liability as to the availability or completeness of client data backups. Each client is expected and encouraged to maintain backup copies of their own data. Cherrywood Technologies Inc. will provide, upon request, one (1) data restore per four (4) calendar months free of charge. Additional data restores may be provided but are subject to additional service fees.

Bandwidth Charges

Higher levels of traffic will incur overcharges on a monthly basis. However, the rates for bandwidth usage are lower for Cherrywood than for any other services we offer. Cherrywood provides full access to web reports for network traffic monitoring and reporting. Cherrywood also provides graphs that show customers' monthly usage, which is the average rate, and reflects the amount of bandwidth transferred during the month. The bandwidth charges reflect the average monthly bandwidth in Megabits per second (Colocation Customers), Megabytes (VM Customers) and in Gb/month. These charges reflect our expenses in network maintenance, upgrades, backbone port charges, leased line loops, and equipment.

IP Policy

ARIN (the American Registry for Internet Numbers) is becoming very stringent with IP addresses, and refuses to grant them without a strict accounting of use of existing IP's; we must therefore require periodic updates of IP address use. The way we will implement this, for now, is for customers who need more IP addresses to send a blank email to info@cherrywoodtech.com to get detailed instructions.

Any IP numbers which remain unused after a 30-day period, according to our periodic 'ping' testing, will be subject to reassignment by Cherrywood Technologies Inc. No prior notice will be given, but we will email you at your current contact address to inform you that we have taken back the IP numbers. You can of course request more when you are ready to use them. And, as stipulated elsewhere, any work incurred in reclaiming unused IP numbers which have been registered as name servers will be billed at our current administrative services rates.

While we will allocate our customers an "unlimited" number of IP addresses, our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based could be used, we will revoke authorization to use those IP addresses that could be used with name-based."

Cherrywood Technologies Inc. may assign its customers IP (Internet Protocol) addresses on a temporary basis or for the life of the contract. Customer agrees that IP addresses are not portable, and acknowledges that IP addresses are the sole property of Cherrywood Technologies Inc. and are assigned as part of the services. Furthermore, client acknowledges that use of IP addresses not allocated by Cherrywood Technologies Inc. to customer or users is expressively prohibited and will incur a penalty fee.

This fee would be calculated on a standard engineer’s hourly rate fee of $150 separate from any other service or incident fees prepaid by customer. At the conclusion of Customer's contract, Customer is required to provide a copy of an Authorized domain registrar (i.e. Network Solutions) records, showing that Customer's hostname servers no longer claim the use of our IP addressed we have provided to customer. This document must be delivered to Cherrywood Technologies Inc. within 10 days after the effective contract termination date.

General Conduct

Customers are prohibited from transmitting on or through any of CHERRYWOOD's services, any material that is, in CHERRYWOOD's sole discretion, unlawful, obscene, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.

CHERRYWOOD's 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. CHERRYWOOD's reserves the right to remove such illegal material from its servers.

The customer is responsible for keeping his billing data with CHERRYWOOD up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.

The resale of CHERRYWOOD's products and services is not permitted, unless specifically permitted and documented in a written agreement.

Important IP Disclosure: Cherrywood Technologies Inc. may assign customer a reasonable amount of IP addresses (Internet Protocol) on a temporary basis or for the life of the contract. Client agrees that IP addresses are not portable and acknowledges that IP addresses are the sole property of Cherrywood Technologies Inc. and are assigned as part of the services. Furthermore, client acknowledges that use of IP addresses not allocated by Cherrywood Technologies Inc. to customer or users is expressively prohibited and will incur a penalty fee. This fee would be calculated on a standard engineer’s hourly rate fee of $150 separate from any other service or incident fees prepaid by customer.

Facilitating a violation of this AUP: Software, services, programs, activities, and advertisements that promote, enable, or facilitate any activity that is prohibited within this document, including spam, denial of service attacks, compromise of other systems or attempts to compromise other systems are ALL considered to be violations of this AUP.

To insure the quality of service of our shared clients, Cherrywood Technologies Inc. reserves the right to migrate high resource utilizing clients to servers which may, or may not, incorporate stated 'business class hardware'.

Payment

The initial term of this Agreement shall be as set forth in the Order Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew.
ADDITIONALLY, AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE CHERRYWOOD TECHNOLOGIES INC, INC TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".
This Agreement may be terminated:

Cancellation

CHERRYWOOD reserves the right to cancel service(s) at any time. All fees paid in advance of cancellation will be pro-rated and refunded by CHERRYWOOD to customer if CHERRYWOOD initiates its right of cancellation and customer is NOT in violation of these Terms and Conditions. If cancellation is caused by customers and/or its client's breach of the Terms and conditions, then customer agrees that no refund is due. Customer understands that service(s) can be canceled at any time effective the end of the contract.

Due to protection concerns, all account cancellations must be done via our official electronic cancellation form. Notifications of cancellation must be made 30 days prior to successive rebill period. Cherrywood Technologies Inc. reserves the right to deny, forfeit, or refuse refunds at any time if necessary. Third party cancellations are not accepted.

Upon termination, either by Cherrywood Technologies Inc. or Customer, for any reason, Customer is responsible for deleting his/her host registrations from domain registrar(s) immediately. Customer further agrees to pay Cherrywood Technologies Inc. all reasonable administrative costs if Cherrywood Technologies Inc. must intervene in deregistering the hosts.

Disclaimer

If you have any questions concerning the above stated terms and conditions then please Contact us.