The Terms and Conditions that follow apply to the services provided by MyInternetServices.com, LLC only.
In this Web Hosting Service Agreement ("Agreement") "you" and "your" refer to each customer, "we", "us" and "our" refer to MyInternetServices.com. "Services" refers to the services provided by us, including our web hosting services. This Agreement explains our obligations to you, and explains your obligations to us for various Services. By selecting our Services you have agreed to establish an account with us for such Services. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel your Services (even if we were not notified of such authorization), this Agreement covers such services or actions. By using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by us.
As consideration for the services you have selected, you agree to pay us the applicable service(s) fees. All fees payable hereunder are non-refundable. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You hereby grant us the right to disclose to third parties as needed to maintain your services. By submitting to this Agreement, you represent that the statements you have made herein are true and you will not use our Services for any unlawful purpose.
You acknowledge that the nature of the service furnished and the initial rates and charges have been communicated to you. You are aware that the MyInternetServices.com LLC may prospectively changes the specified rates and charges from time to time. The promotional offer is contingent upon MyInternetServices.com LLC achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
If you have purchased a package that is billed monthly your credit card will be charged every month. If you have purchased a package that is billed yearly your credit card will be charged every year. The first date in which you purchase ANY products is your Billing Anniversary Date.
If you do not wish to renew your Monthly or Annual Service agreement you must cancel your account by completing our cancellation form: http://www.myinternetservices.com/support/cancellation. All cancellations must be requested in writing. Canceling an account does not equal "refunding" an account. A cancellation refers to the removal of user materials from our systems and the deactivation of services. You will be required to pay any outstanding charges owed.
All Bank Disputes and Bank Issued Charge Backs result in the complete cancellation of your account. All Bank Disputes and Charge Backs are reported to the issuer's Credit Agency. Charge Backs result in the forfeiture of all MyInternetServices.com services. You will be charged a $40.00 reactivation fee in order to reactivate your account after a Bank Charge Back.
You are allowed to upgrade your Web Site or Game Server Hosting package free of charge. You will be charged a $10.00 downgrade fee each time you change your Web Site or Game Server hosting package to a lower priced package. Transfering of domains out of the MyInternetServices.com account is a $75 one time fee and any DNS changes will be $25. There is a $20 late fee for any account that is more than 5 days past due.
MyInternetServices.com automatically bills customers for excess file transfer ("bandwidth") usage. Customers are allocated a set amount of file transfer with their hosting service depending on the package level purchased. If you exceed the amount of file transfer you receive as part of your package you will be billed $0.01 per MB. This charge is incurred without notification. If you are billed monthly for our services the overage charge will be attached to your monthly credit card charge. If you are billed yearly for our services the overage will be billed to your credit card the month following your overage. The overage is calculated by monitoring the amount and size of the files transferred from your account. These charges are made at the sole discretion of MyInternetServices.com and are non disputable.
MyInternetServices.com servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Any attempts to undermine or cause harm to a MyInternetServices.com's servers or customers are strictly prohibited. This includes the abusive sending of unsolicited email, also known as "Spam."
You are solely responsible for the contents of your transmissions through MyInternetServices.com. Your use of the MyInternetServices.com service(s) is subject to all applicable local, state, national and international laws and regulations. You agree: (1) to comply with US law regarding the transmission of technical data exported from the United States through MyInternetServices.com; (2) not to use MyInternetServices.com for illegal purposes; (3) not to interfere or disrupt networks connected to the MyInternetServices.com; and (4) to comply with all regulations, policies and procedures of networks connected to MyInternetServices.com. You agree not to transmit through MyInternetServices.com’s service(s) any unlawful, harassing, libelous, abusive, threatening, harmful, or otherwise legally objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. You shall not interfere with another customer's use and enjoyment of the MyInternetServices.com’s service(s) or another entity's use and enjoyment of similar services. MyInternetServices.com may, at its sole discretion, immediately terminate your service or any agreement with us should your conduct fail to conform to these terms and conditions.
You agree not to engage in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, you agree to not engage in activity that violates privacy, publicity, or other personal rights of others. MyInternetServices.com is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also MyInternetServices.com’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Failure to meet or follow any of the Terms and Conditions set forth by MyInternetServices.com's grounds for account deactivation. MyInternetServices.com will be the sole arbiter as to what constitutes a violation of its Terms and Conditions. MyInternetServices.com reserves the right to remove any account without prior notice. When MyInternetServices.com becomes aware of an alleged violation of its Terms and Conditions, MyInternetServices.com will initiate an investigation. During the investigation, MyInternetServices.com may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, MyInternetServices.com may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, MyInternetServices.com will notify the appropriate law enforcement authorities of such violation.
You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail as per the Notices section of this agreement. You agree to review our web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or regular mail as per the Notices section of this agreement. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you abide by any such revisions or changes.
In order to change any of your account information with us, you must use your Account Identifier and Password that you selected when you opened your account with us. Please safeguard your Account Identifier and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or Password.
We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products and services offered by MyInternetServices.com or 3rd Parties or other information to add security or to enhance your identity on the Internet.
You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Identifier or Password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the development or interruption of your Web site or email service. You agree that we will not be liable for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum liability exceed one hundred ($100.00) dollars.
You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the E-mail Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in termination of our Services to you.
You agree that failure to abide by any provision of this Agreement, any operating rule or policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may terminate our Services, including but not limited to our web hosting services, without further notice. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.
You agree that, by registration or reservation of your chosen domain name, such registration or reservation does not confer immunity from objection to the registration, reservation, or use of the domain name.
You agree and warrant that the information that you provide to us to register for our Services is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the our e-mail service or that defects in the Services software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the our e-mail service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the e-mail service or any transactions entered into through the e-mail service. No advice or information, whether oral or written, obtained by you from us or through the e-mail service shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
You agree that we may terminate your right to use our Services if the information that you provided to register for our Services, or subsequently to modify it, contains false or misleading information, or conceals or omits any information we would likely consider material.
We, in our sole discretion, reserve the right to refuse to host your website or register you for other Services, or to terminate the Services we provide you within thirty (30) calendar days from receipt of your payment for such services. In the event we do not host your website or register you for other Services within a thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to host your website or register you for other Services.
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to be given when the sender has obtained an electronic confirmation of delivery. E-mail notice shall be sent to you at the e-mail address you have provided in your registration application or as updated from time to time in our billing system.
You agree that this Agreement and the rules and policies published by us are the complete and exclusive agreement between you and us regarding our Services. This Agreement supersedes all prior agreements and understandings, whether established by custom, practice, policy or precedent.
THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN LOS ANGELES, CALIFORNIA AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
You attest that you are of legal age to enter into this Agreement.
All services provided by MyInternetServices.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State, or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secrets and other statutes, violation of U.S. export restrictions, harassment, fraud, trafficking of obscene material, drug dealing, and other illegal activities. The subscriber agrees to indemnify and hold harmless MyInternetServices.com from any claims resulting from the use of the service that damages the subscriber or any other party. NOTE: Pornography and sex-related merchandising is prohibited. This includes sites that may infer sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. A few examples of non-acceptable content or links are:
MyInternetServices.com will be the sole arbiter as to what constitutes a violation of this provision.
Any web site that uses a high amount of server resources (such as CPU) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource needed to an acceptable level. Misuse of system resources, including but not limited to employing posts or programs which consume excessive CPU time or storage space, permitting use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for the customer's own account, resale of access to CGI scripts installed on MyInternetServices.com's servers, or attempting to use a single customer account for third party web sites by allowing more than one domain pointer to be used to reference pages within the customer's site will not be allowed. MyInternetServices.com shall be the sole arbiter of what is considered to be a high server usage level.
The monthly bandwidth allowance is listed on your Plan's Feature Page. We will monitor your bandwidth as necessary and will notify you if your traffic is exceeding your allowance. Sites that exceed the traffic limits will be charged $5.00 per Gigabyte per month over the monthly allotment for the Plan the customer has opted.
MyInternetServices.com does not allow clients to install their own chat rooms. Chat rooms tend to be a large system hog and we cannot permit it as an account option. MyInternetServices.com may provide chat rooms under certain Plans (see comparison chart for availability) for free or a small extra fee that should meet most users' needs and run without hindering the performance of the servers. Non-Java chat rooms (cgi or perl based) are not allowed.
MyInternetServices.com may allow programs to run continually in the background, these programs will be considered on an individual basis and an extra charge will be incurred based on system resources used and operational maintenance needed. If you wish to run background programs please contact us before doing so. MyInternetServices.com does not allow IRC or IRC bots of ANY KIND, NO MATTER HOW SMALL, to be operated on our servers.
MyInternetServices.com supports e-Mail connectivity to our servers directly. This means you specify POP3 and SMTP server names in your e-Mail client to connect to us directly to receive e-Mail on behalf of your domain. Any requests for MX record changes to support any other configuration will result in additional charges.
MyInternetServices.com will host any domain from any foreign registry; however, the user is responsible for the registration of any name not a .com, .org, .net, .biz, .info or .edu domain. An .edu domain is for accredited, degree granting educational institutions. EDU requests (if you feel you warrant an .edu domain) are not guaranteed by MyInternetServices.com and if not approved by the InterNIC you may be forced to obtain an .org domain.
The sending of commercial advertising through e-Mail (AKA spamming) from a MyInternetServices.com server, referring to a URL on a MyInternetServices.com server, or using an e-Mail address that is maintained on a MyInternetServices.com server is STRICTLY PROHIBITED. This includes but is not limited to activities such as using a non-existent e-Mail return address on a commercial solicitation, allowing spamming by third parties to promote a web site hosted by MyInternetServices.com, trolling (posting outrageous messages to generate numerous responses), mail bombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person's permission, cross posting articles to any newsgroup without their permission, and commercial advertisements. In general, any kind of commercial advertising in areas on the Internet not intended for such purposes is prohibited. Government laws construed as protecting this practice do not apply. If you are found to have spammed, then we will immediately, without warning, terminate your account with no refund. In addition, we will impose a $100 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. We reserve the right to determine what violates this policy.
Use of copyrighted material without first obtaining appropriate permission from the copyright holder is in strict violation with federal laws, and will not be tolerated within the web pages hosted by MyInternetServices.com. If you are not an MyInternetServices.com customer, but believe an MyInternetServices.com customer is in violation of one or more copyright laws, please immediately e-mail support@MyInternetServices.com with the site URL and specifics of the material believed to be in copyright violation. If the material proves to be in copyright violation, we will allow the customer/site owner the opportunity to immediately remove the material. If the material is not removed within 48 hours of notice of proven violation, we will disable the account until the customer/site owner complies with our request to remove the material. Linking to another web site for content and/or graphics materials is considered "bandwidth theft." While bandwidth theft is not currently considered a federal, state, or local law, MyInternetServices.com does NOT allow such activity. If you have content that is being directly linked on the pages of one of our customers and you have not granted permission for such linkage, please immediately e-mail support@MyInternetServices.com with the site URL and specifics of the material being linked. We will investigate the matter, and if a violation is indeed in existence, we will allow the customer/site owner the opportunity to immediately rectify the problem by removing direct links. If the material is not removed within 48 hours of notice of proven violation, we will disable the account until the customer/site owner complies with our request to remove the material. Any MyInternetServices.com client found to be in violation of either copyright laws or bandwidth theft whose site is disabled due to non-compliance within the stated 48 hour period will receive no refund whatsoever for any downtime the site suffers as a result.
Any attempts to undermine or cause harm to an MyInternetServices.com server or using an e-Mail address that is maintained on an MyInternetServices.com machine is STRICTLY prohibited. We reserve the right to deactivate any script (even our own) if it is used to such an extent that it poses a threat to the performance of our network. Any sub-networks of MyInternetServices.com must adhere to the above policies. The failure to meet or follow any of the above guidelines is grounds for immediate account deactivation. We reserve the right to REMOVE any account (deactivated or not) within 10 days prior notice except for spamming, which warrants immediate removal with no refunds of monies paid to MyInternetServices.com. Complaints about violators of our policies should be referred to support@MyInternetServices.com. Each complaint will be fully investigated. MyInternetServices.com reserves the right to fully investigate any reported violations and to determine the proper consequences.
You may elect billing by credit or debit card payment on the hosting secure order form. All hosting fees are billed monthly on the first day of each month and are payable in advance. You will be notified via e-Mail if your account is in arrears due to credit card refusal. If you change e-Mail address you must inform billing@MyInternetServices.com. If your account has been removed due to non-payment, a $50.00 reconnection fee will need to be paid plus all monies due to make your account current.
MyInternetServices.com requires any site cancellation to be informed in written notice at least 14 days before the first day of the month. If you cancel service with less than 14 days notice or after the due date, MyInternetServices.com will charge the monthly fee for the following month. These policies are subject to change without notice. MyInternetServices.com reserves the right to refuse service to anyone or to deactivate any account at our sole discretion. MyInternetServices.com does not accept cancellations by email. To cancel your account you must use the cancellation form on the website. http://www.myinternetservices.com/support/cancellation
When renting a game server from MyInternetServices.com you agree to a recurring monthly rental. NO REFUNDS WILL BE GIVEN. All cancellations must be in writing and submitted through our cancellation form http://www.myinternetservices.com/support/cancellation at least 14 days in advance of your renewal date. No refunds will be given for partial months. MyInternetServices.com will not be held responsible for the game code that is supplied by the manufacturers.
MyInternetServices.com is not responsible for advertising your game server to attract players. It is the responsibility of the leaser to maintain and operate the admin of his/her server. Game server invoices that are unpaid for 5 days or longer will result in server termination. Server IP addresses cannot be held without on-time payment of all invoices.
MyInternetServices.com will strive to keep its services running reliably but MyInternetServices.com will not be held responsible for any losses you may incur through their use. If you are a business, you should ensure that you have adequate business insurance, and we recommend you contact an insurance agent or broker. As a customer of MyInternetServices.com, you agree to indemnify, defend and hold harmless MyInternetServices.com, its officers, directors, employees, affiliates, or resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) that may arise from your use of our services. Unless specifically addressed and mutually agreed to within a service level agreement or security plan, MyInternetServices.com will not cover you for any losses due to hacker attacks, denial of service attacks or other criminal activates. If your business relies on your Web site for commercial purposes, it is your responsibility to ensure that you have proper business insurance coverage. If server(s) owned by the customer are collocated within our data center, it is your responsibility to ensure that you have proper business insurance coverage for your server(s). As a customer of MyInternetServices.com, you agree that you are responsible for any content you provide via your Web site, and it is your sole responsibility to ensure that it does not infringe upon any existing trademark or copyrighted material. Although MyInternetServices.com does daily and weekly backups, it is also your sole responsibility to backup and maintain a local copy of your Web site.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.