Legal

Thank you for ordering a Cbeyond Web Hosting plan.

CBEYOND will provide Web Hosting services to you ("Customer"), and Customer agrees to accept Web Hosting services, pursuant to the provisions of Customer's existing Terms and Conditions agreement ("Agreement") between CBEYOND and the Customer and the provisions of this Addendum to the Agreement. With respect to Web Hosting services, in addition to the terms and conditions of the Agreement, CBEYOND and Customer agree as follows:

1. Caching
   Customer hereby grants to CBEYOND a license to cache the entirety of Customer's Web Site, including content supplied by third parties, hosted by CBEYOND under this Agreement. Customer represents and warrants that such caching is not and will not be an infringement of any of Customer intellectual property rights or any third party's intellectual property rights.
2. Bandwidth And/Or Disk Usage
   Customer agrees that bandwidth and/or disk usage shall not exceed the number of megabytes per month for the services ordered by Customer on the Order Form (such services hereinafter the "Services" and shall be included in the definition of Services under the Terms and Conditions agreement). CBEYOND shall monitor the customer's usage. If bandwidth or disk usage exceeds the agreed upon number of megabytes per month, CBEYOND, in its sole discretion, may assess additional standard charges for the usage that exceeds the usage specified in the Order Form, disconnect or discontinue any and all Services, or terminate this Agreement. In the event that CBEYOND elects to take such action, Customer shall not be entitled to a refund of any fees paid in advance of such corrective action.
3. Intellectual Property
   Customer represents and warrants that Customer's use of the Services shall not infringe the intellectual property or other proprietary rights of CBEYOND or any third party. Customer further acknowledges that all right, title and interest in any and all technology, including the software that is part of or provided with the Services and any trademarks or service marks of CBEYOND (collectively, "CBEYOND Intellectual Property") is vested in CBEYOND and/or in CBEYOND's licensors. Unless otherwise specifically provided in this Agreement, Customer shall have no right, title, claims or interest in or to the CBEYOND Intellectual Property. Customer may not copy, modify or translate the CBEYOND Intellectual Property or related documentation, or decompile, disassemble or reverse engineer the CBEYOND Intellectual Property, to use it other than in connection with the Services, or grant any other person or entity the right to do so. Unless otherwise specifically provided in this Agreement, Customer is not authorized to distribute or to authorize others to distribute the CBEYOND Intellectual Property in any manner without the prior written consent of CBEYOND; provided, however, that nothing in this sentence would preclude Customer from using the CBEYOND Intellectual Property as incorporated in the Services.
4. Customer Data
   Customer is responsible for its content residing on CBEYOND servers.
5. Server Set-Up And Updating
   CBEYOND will initially configure the Server for use. After the Server is configured, the Customer will be solely responsible for all Web Server content management.
6. Excessive CPU Usage
   Customer agrees that Customer shall not use excessive amounts of CPU processing on any of CBEYOND's servers. Any violation of this policy may result in corrective action by CBEYOND, in its sole discretion, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement. In the event that CBEYOND elects to take any corrective action, Customer shall not be entitled to a refund of any fees paid in advance prior to such corrective action.
7. E-Commerce
   Customer will be solely responsible for the development, operation and maintenance of Customer's web site and products and all contents and materials appearing online or on Customer's products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the web site or related to Customer's products, (b) ensuring that the content and materials appearing within the web site or related to Customer's products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the web site or related to Customer's products are not libelous or otherwise illegal. Customer will be solely responsible for the final calculation and application of shipping and sales tax. Customer will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from. Customer is also responsible for the security of any customer credit card numbers and related customer information Customer may access as a result of conducting electronic commerce transactions through the Software. Customer will keep all such information confidential and will use the same degree of care and security as Customer uses with Customer's confidential information.
8. Other Terms Not Affected; Binding Effect.
   Except as expressly amended by this Addendum, all of the terms, conditions, covenants, obligations, representations and warranties of the Terms and Conditions agreement between the parties, including limitation of liability and indemnification provision which shall apply to the Services provided hereunder, shall continue to have the same full force and effect and are hereby expressly approved, ratified and confirmed in all respects.
9. Acceptance Through Use Of Services

USE OF THE SERVICES SHALL BE DEEMED AS ACCEPTANCE OF THE FOREGOING TERMS AND CONDITIONS.