Please
Read This Agreement and Click The "I Agree" Link At The Bottom
MySever.org's
Dynamic DNS App V2.0 and V1.6 do not gather or
transmit any of your personal information, computer configurations,
or surfing habits. The applications send only your public
IP address, Username and Password (via 128 bit SSL in versions
2.0 and higher if selected in advanced
options) to our servers. MyServer.org NEVER sells or distributes
your personal information to third parties. (Your IP address,
however is sent out in response to a DNS query when a user
browses to your server.) Your E-Mail address and other personal
information which you supply during registration are kept
on our secure servers and are only accessible by you and our
staff via our secure logon site. Personal information about
you would only be given out under a court order.
1.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
MyServer.org ("Service"),
owned and operated by MyServer.org Inc., is provided to you
("Member") under the terms and conditions of this
Terms of Service agreement, any operating rules or policies
that may be published by MyServer.org. The TERMS OF SERVICE
comprises the entire agreement between Member and MyServer.org
and supersedes all prior agreements between the parties regarding
the subject matter contained herein. BY COMPLETING THE REGISTRATION
PROCESS AND CLICKING THE "Signup" BUTTON, YOU ARE
INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS
AND CONDITIONS OF THE TERMS OF SERVICE.
2. DESCRIPTION
OF SERVICE
MyServer.org is providing Member
with a capability to have an Internet Domain Name. Member
must: (1) provide all equipment, including a computer and
modem, necessary to establish a connection to the Internet;
(2) provide for own access to the Internet and pay any telephone
service fees associated with such access. In consideration
for this Service, Member agrees to: (1) provide certain current,
complete, and accurate information about Member as prompted
to do so by the Service and (2) maintain and update this information
as required to keep it current, complete and accurate. All
information requested on original sign up shall be referred
to as registration data ("Registration Data"). Furthermore,
Member grants MyServer.org the right to disclose to third
parties certain Registration Data about Member and Service
membership in the case where MyServer.org is required to disclose
such information by any applicable law or legal process served
on MyServer.org. If any information provided by Member is
inaccurate, MyServer.org retains the right to terminate Member's
membership and rights to use the Service.
3. MODIFICATIONS
TO TERMS OF SERVICE
MyServer.org may change the terms
and conditions of the TERMS OF SERVICE from time to time.
Upon any change in the terms and conditions of the TERMS OF
SERVICE, MyServer.org will notify Member by sending a message
through the MyServer.org mailing list. Using the service after
such a message has been posted is indication of Member's acceptance
of the updated TERMS OF SERVICE. Member's continued use of
the Service constitutes an affirmative: (1) acknowledgment
by Member of the TERMS OF SERVICE and its modifications; (2)
agreement by Member to abide and be bound by the TERMS OF
SERVICE and its modifications.
MyServer.org reserves
the right to modify or discontinue the Service with or without
notice to Member. MyServer.org shall not be liable to Member
or any third party should MyServer.org exercise its right
to modify or discontinue the Service. NO REFUNDS for discontinuation
because of a TERMS OF SERVICE agreement violation.
4. GOVERNING
JURISDICTION OF THE COURTS OF Arizona
Insofar as this contract defines
Arizona jurisdiction, both parties to the contract refer to
the courts of Arizona, having the ultimate jurisdiction over
the matters in question: this contract is formed under the
laws of Arizona and therefore such laws shall be the inevitable
jurisdiction of the contract.
This contract shall
be governed by the provisions of Arizona law insofar as possible,
particularly to the exclusion of other legal systems within
the United States and Canada.
5. PRIVACY
POLICY
All information contained within
our system may be available to the public. It is however,
Myserver.org's policy to
respect the privacy of its Members. Therefore, in addition
to the privacy of registration data as discussed in Section
2 above, MyServer.org will not edit or disclose the contents
of a Member's private communications unless required to do
so by law or in the good faith belief that such action is
necessary to: (1) conform to the edicts of the law or comply
with legal process served on MyServer.org; (2) protect and
defend the rights or property of MyServer.org; or (3) act
under exigent circumstances to protect the personal safety
of its Members or the public. Member acknowledges and agrees
that MyServer.org neither endorses the contents of any Member
communications nor assumes responsibility for any threatening,
libelous, obscene, harassing or offensive material contained
therein, any infringement of third party intellectual property
rights arising there from or any crime facilitated thereby.
6.
LIMITATION OF LIABILITY
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S
SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. MyServer.org EXPRESSLY
DISCLAIMS 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. MyServer.org
MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS,
OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR FREE; NOR DOES MyServer.org MAKE ANY WARRANTY AS
TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE
CORRECTED. MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL
AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK
AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. MyServer.org MAKES
NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED
THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH
THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY MEMBER FROM MyServer.org OR THROUGH THE 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.
MyServer.org SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY
TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES
PURCHASE OR OBTAINED OR DOMAINS MOVED OR RESULTING FROM UNAUTHORIZED
ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
USE, DATA OR OTHER INTANGIBLE, EVEN IF MyServer.org HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
7. HOST CONTENT
AND OTHER LIMITATIONS
MyServer.org assumes no responsibility for the content of
any material located on the hosts provided from our Service.
MyServer.org has no control over the content of bulletin boards
or web sites located on domains or hosts provided by our service;
however, MyServer.org retains the right, at Myserver.org's
sole discretion, to determine whether or not Member's conduct
is consistent with the letter and spirit of the TERMS OF SERVICE
and may terminate Service if a Member's conduct is found to
be inconsistent with the TERMS OF SERVICE.
8. MEMBER
CONDUCT
Member is solely responsible for
the contents of his or her usage of our Service. Member's
use of the Service is subject to all applicable local, state,
national and international laws and regulations. Member agrees:
(1) to comply with US law regarding the transmission of technical
data exported from the United States through the Service;
(2) not to use the Service for illegal purposes; (3) not to
interfere or disrupt networks connected to the Service; and
(4) to comply with all regulations, policies and procedures
of networks connected to the Service. The Service makes use
of the Internet's DNS protocol to create and delete domains;
therefore, Member's conduct is subject to Internet regulations,
policies and procedures. Member will not use the Service for
illegal software, junk pornography, spamming or any use of
distribution lists to any person who has not given specific
permission to be included in such a process. Member agrees
not to transmit through the Service any unlawful, harassing,
libelous, abusive, threatening, harmful, vulgar, obscene or
otherwise objectionable material of any kind or nature. Member
further agrees 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. Member shall not interfere with another Member's
use and enjoyment of the Service or another entity's use and
enjoyment of similar services. MyServer.org may, at its sole
discretion, immediately terminate Service should Member's
conduct fail to conform with these terms and conditions of
the TERMS OF SERVICE.
9. INDEMNIFICATION
Member agrees to indemnify and hold
MyServer.org, its parents, subsidiaries, affiliates, officers
and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to
or arising out of Member's use of the Service, the violation
of this TERMS OF SERVICE by Member, or the infringement by
Member, or other user of the Service using Member's computer,
of any intellectual property or other right of any person
or entity.
10. TERMINATION
Either Member or MyServer.org may
terminate the Service with or without cause at any time and
effective immediately. MyServer.org shall not be liable to
Member or any third party for termination of Service. Should
Member object to any terms and conditions of the MyServer.org
or any subsequent modifications thereto or become dissatisfied
with the Service in any way, Member's only recourse is to
immediately: (1) discontinue use of the Service; (2) terminate
Service membership; and (3) notify MyServer.org of termination.
Upon termination of the Service, Member's right to use the
Service immediately ceases. Member shall have no right and
MyServer.org will have no obligation thereafter to handle
domains or hosts for the Member or any third party.
11. NOTICE
All notices to a party shall be
in writing or email. MyServer.org may broadcast notices or
messages through the Service to inform Member of changes to
the TERMS OF SERVICE, the Service, or other matters of importance;
such broadcasts shall constitute notice to Member.
12. PARTICIPATION
IN PROMOTIONS OF ADVERTISERS
Member may enter into correspondence
with or participate in promotions of the Advertisers showing
their products on the Service. Any such correspondence or
promotions, including the delivery of and the payment for
goods and services, and any other terms, conditions, warranties
or representations associated with such correspondence or
promotions, are solely between the corresponding Member and
the Advertiser. MyServer.org assumes no liability, obligation
or responsibility for any part of any such correspondence
or promotion.
13. PROPRIETARY
RIGHTS TO CONTENT
Member acknowledges that content,
including but not limited to text, software, music, sound,
photographs, video, graphics or other material contained in
either sponsor advertisements or email-distributed, commercially
produced information presented to Member by the Service ("Content")
by MyServer.org or Myserver.org's Advertisers, is protected
by copyrights, trademarks, service marks, patents or other
proprietary rights and laws; therefore, Member is only permitted
to use this Content as expressly authorized by the Service
or the Advertiser. Member may not copy, reproduce, distribute,
or create derivative works from this Content without expressly
being authorized to do so by the Service or the Advertiser.
14. LAWS
This contract is governed by and
construed in accordance with the conflict of laws provision
rules of the jurisdiction of the courts of Arizona. Member
and MyServer.org agree to submit to the exclusive jurisdiction
of the courts of the jurisdiction of the courts of Arizona.
If any provision(s)
of the TERMS OF SERVICE is held by court of Arizona jurisdiction
to be contrary to law, then such provision(s) shall be construed,
in accordance within the provisions of Arizona courts, to
reflect the intentions of the parties (as construed by the
jurisdiction of the courts of Arizona) with the other provisions
remaining in full force and effect.
Myserver.org's failure
to exercise or enforce any right or provision of the TERMS
OF SERVICE shall not constitute a waiver of such right or
provision unless acknowledged and agreed to by MyServer.org
in writing.
Member and MyServer.org
agree that any cause of action arising out of or related to
this Service must commence within three (3) months after the
cause of action arose; otherwise, such cause of action is
permanently barred. The section titles in the TERMS OF SERVICE
are solely used for the convenience of the parties and have
no legal or contractual significance.
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Agree | I Do Not Agree