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ACCEPTANCE OF TERMS THROUGH USE

By becoming a MyServer.org Affiliate, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms and Conditions"). If you do not agree to these Terms and Conditions please do not enroll as a Affiliate. We reserve the right, at our discretion, to update or revise these Terms and Conditions. Please check the Terms periodically for changes. Your continued use of the Affiliate program following the posting of any changes to the Terms and conditions constitutes acceptance of those changes.

SITE CONTENT

YOU UNDERSTAND THAT THIS SITE MAY CONTAIN UNEDITED MATERIALS YOU AGREE TO ACCESS AND ADVERTISE SUCH MATERIALS AT YOUR OWN RISKS, AND FURTHER AGREE THAT UNDER NO CIRCUMSTANCES SHALL MYSERVER.ORG, INC, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR ACCESS TO AND ADVERTISEMENT OF SUCH MATERIALS.

APPLICATION TO JOIN THE PROGRAM

All Affiliates must be over 18 years of age. Applications must include your full name, address, telephone number, Social Security or Tax Identification number, as well as the URL of your web site and the URL of the banners location. All information must be verifiable. Upon submission of the information, you will be provided with a unique Affiliate ID and complete instructions to link to MyServer.org

LIMITED LICENSE

MYSERVER.ORG TRADEMARK

We grant you a non exclusive, revocable right to use the MyServer.org logo and text and such other images for which we grant express permission, solely for the purpose of advertising MyServer.org and to assist in generating membership sales. You may not modify the graphic image or text, or any other of our images, in any way. We reserve all of our rights in the graphic images and text, any other images, our trade names and trademarks, and all other intellectual property rights. You agree to follow the following Trademark Guidelines:

You may use the Trademark solely for the purpose authorized by MyServer.org.
You may not alter the Trademark in any manner. For example, you may not change the proportion, color, or font of the Trademark.
You may not display the Trademark in any manner that implies sponsorship, endorsement by MyServer.org outside of your involvement in the Affiliates Program.
You may not use the Trademark to disparage MyServer.org, its products or services, or in a manner which, at MyServer.org's reasonable judgment, may diminish or otherwise damage MyServer.org's goodwill in the Trademark.
The Trademark must appear by itself, with reasonable spacing (at least the height of the Trademark) between each side of the Trademark and other graphic or textual elements.
You acknowledge that all rights to the Trademark are the exclusive property of MyServer.org, and all goodwill generated through your use of the Trademark will inure to the benefit of MyServer.org.
MyServer.org FREE CONTENT

We grant you a non exclusive, revocable right to use MyServer.org free content for which we grant express permission, solely for the purpose of advertising MyServer.org and to assist in generating membership sales. You may not modify the graphic image or text, or any other of our images, in any way. We reserve all of our rights in the graphic images and text, any other images, our trade names and trademarks, and all other intellectual property rights. You agree to follow the following Guidelines:

You may use our free content solely for the purpose authorized by MyServer.org.
You may not use free content to disparage MyServer.org, its products or services, or in a manner which, at MyServer.org's reasonable judgment, may diminish or otherwise damage MyServer.org's image.
You acknowledge that all rights to the free content are the exclusive property of MyServer.org, and all goodwill generated through your use of the free content will inure to the benefit of MyServer.org
Free content provided to you by MyServer.org may not be used in association with any banner or link that doesn't point to MyServer.org. No advertising, banners or linking may be displayed with MyServer.org free content, unless it directly advertises for, or link to, MyServer.org.
You may not remove any wording from any picture provided by MyServer.org.
You may not alter or otherwise tamper with the digimarc embeded in the pictures provided by MyServer.org.
The following wording must be in place on each and all pages showing free content provided by MyServer.org: "© Copyright 2000-2003 - MyServer.org - All Rights Reserved". The wording "MyServer.org" must link directly to MyServer.org.
MyServer.org reserves the right in its sole discretion to modify these guidelines at any time. MyServer.org reserves the right to take action against any use that does not conform to these guidelines. MyServer.org may revoke your license at any time by giving you written notice.

PROPRIETARY RIGHTS

You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by MyServer.org, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from MyServer.org is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

As noted above, reproduction, copying, or re distribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of MyServer.org. For information on requesting such permission, please click here.

USER'S GRANT OF LIMITED LICENSE

By posting or submitting content to this site, you:

1. grant MyServer.org and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and

2. warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by MyServer.org will not infringe or violate the rights of any third party.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify MyServer.org.

DISCLAIMER OF WARRANTIES

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. MYSEERVER.ORG, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL MYSEERVER.ORG, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MYSEERVER.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, MYSEERVER.ORG'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION

Upon a request by MyServer.org, you agree to defend, indemnify, and hold harmless MyServer.org and its parent company and subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. MyServer.org reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with MyServer.org in asserting any available defenses.

AGREEMENT TO RULES OF RECRUITING

As a Affiliate, you agree:

To be over 18 years of age.
Not to use MyServer.org or your Affiliate account for any unlawful purpose.
Not to use of your Affiliate account or MyServer.org to violate the security of any computer network, crack passwords or security encryption codes.
Not to use MyServer.org or your Affiliate account for transmission or storage of any information, data or material in violation of any American law. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, child pornography, or material protected as a trade secret.
Not to use MyServer.org or your Affiliate account if your site and/or any site affiliated with you is used for transmission or storage of any information, data or material in violation of any American law. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, child pornography, or material protected as a trade secret.
Not to use E-mail or Newsgroup spamming, misleading and unsollicited advertisements or messages, or pop up windows designed to generate click throughs.
To indemnify and hold harmless MyServer.org from any claims resulting from your use of the service which damages you or another party. The right to your Affiliate account is not transferable and you are responsible for the confidentiality of your user IDs and passwords.
Not to commit any type of fraud on your Affiliate account, which will result in civil and/or administrative and/or legal action.
PAYMENT OF COMMISSIONS

Amounts on your Affiliate Account are in U.S. dollars (USD) and all Commissions are paid in U.S. funds (USD). DIRECT COMMISSIONS

You will receive a one time commission on the memberships generated through your Affiliate account, as per the following schedule:
- $5 USD on all recurring or non recurring Domain Accounts;
- $5 USD on all recurring or non recurring Silver Domain Accounts;
- $5 USD on all recurring or non recurring Platinum Domain Accounts;
- $2 USD on all recurring or non recurring Basic Port Relay Accounts;
- $25 USD on all recurring or non recurring Internet Service Provider Managed DNS Solution accounts;

MyServer.org reservers the right to change your commission rate at any time without notice.
All invalid, fraudulent or charged back subscriptions generated from your account are subject to being deducted from your Commissions.
In order to qualify for payment, you must:
- Generate a commission amount of USD$100.00 or over per month;
- Have a reasonable click throughs / subscriptions ratio;
- Abide by all the Affiliates Program's Terms and Conditions;
Payments are sent by check 45 days after the end of the current month for any commission amount of USD$100.00 or over in a given month.
MyServer.org reservers the right to change your commission rate at any time without notice.
All invalid, fraudulent or charged back subscriptions generated from referred accounts are subject to being deducted from your Commissions.
In order to qualify for payment, you must:
- Meet all the conditions for the payment of Direct Commissions;
Payments are sent by check 45 days after the end of the current month for any commission amount of USD$100.00 or over in a given month.

INTERNATIONAL USE

MyServer.org makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

COLLECTION OF INFORMATION AND PRIVACY

MyServer.org is strongly committed to protecting your privacy through the use of secure servers for the exchange of any sensitive information. However, unless encrypted, any other information transmitted through MyServer.org and through the Internet in general is not confidential. Therefore, MyServer.org cannot and shall not guarantee your privacy or guarantee your protection. MyServer.org reserves the right to monitor your transmissions when deemed necessary for providing proper service and/or to protect the rights and property of the Company, or in order to comply with the law. MyServer.org may collect information such as your name, e-mail address, credit card number as well as certain usage information for the purpose of providing you with the highest level of service. MyServer.org shall not disclose any information about you unless required by court order, subpoena or other legal request, or upon the advice of counsel. For more details about our Privacy Policy, click here.

CHOICE OF LAW AND FORUM

These Terms of Use shall be governed by and construed in accordance with the laws of Arizona, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the State or federal courts located in Arizona, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and MyServer.org with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and MyServer.org with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

TERMINATION

MyServer.org reserves the right, in its sole discretion, to terminate your Affiliate account with or without notice, for any reason. In case of non-compliance with our Terms and Conditions, all accrued funds will be forfeited.

In the event of termination of this agreement, your limited license will be revoked and you will cease to use all content, banners, graphics and logos.

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